
LB 2529 

.M53 
1895 
Copy 1 



LIBRARY OF CONGRESS. 

Shelf. ..iii.t^ 



UNITED STATES OF AMERICA. 



It 

THE 



SCHOOL LAW 



MICHIGAN 



JASON E. HAMMOND, 

PEPUTY SUPERINTENDENT OF PUBLIC INSTRUCTION. 

FORMERLY COMMISSIONER OF SCHOOLS IN 

HILLSDALE COUNTY. 




tor^m^'^y 



Lansing, Mich. 

ROBERT SMITH, Publisher, 

1895. 



L3zszt 

'/I S3 



"Our safety is not in constitutions and forms of govern- 
ment, but in the establishment of right systems of educa- 
tion."— John D. Pierce, 1838, 



COPYRIGHT BY DABIUS D. THORP, 

ROBERT SMITH PRINTER AND BINDER, 

1395. LANSING, MICH. 



PREFACE. 



Teachers and pupils iu the public schools of Michi- 
gan should know more of the system under which they 
are working, and young men and women just entering 
upon the duties of citizenship should be better prepared 
to perform the duties that will devolve upon them as 
officers of the primary and graded school districts. 

For several years before the department of public 
instruction began preparing questions in school law for 
the examination of teachei-s, it was evident that many 
school officers, citizens, and teachers, were uninformed 
upon some of the simplest questions of school adminis- 
tration, and also that much controversy and litigation 
resulted from this imperfect knowledge. 

The head of the state educational system is author- 
ized by one of the provisions of Act 164 of the laws of 
1881, to publish all general laws relating to schools and 
to transmit the same to school officers having the care 
and management of the^ schools. To do this requires 
an edition of more than 20,000 books, and the depart- 
ment has issued an edition every four years which has 
been furnished to all the officers of the state. This 
supply was quite sufficient, until teachers and pupils 
became students of school law. The department is not 
authorized by the statute to furnish books to all who 



4 PREFACE. 

will apply, and the author of this book seeks to supply 
the demand. 

In the compilation of this edition no attempt has 
been made to recall any of the history of the founding 
or growth of our educational system. It is believed 
that the best service to be rendered by its publication, 
will be the furnishing of a brief and practical treatise 
on the legal side of our educational system. The de- 
cisions of the supreme court of the state, attorneys 
general, and Superintendents of Public Instruction, 
have been carefully examined, and such material gleaned 
therefrom as will aid the student better to understand 
the law in its statutory form. We give all that part of 
the constitution of the state relating to education and, 
in as condensed and attractive a form as possible, the 
acts of the legislature which, at the close of the session 
of 1895, are the laws of the state governing educational 

affairs. 

J. E. HAMMOND. 

Lansing, Mich., July 4, 1895. 



TABLE OF CONTENTS. 



Chapter I - - - - Constitutional Provisions 

Chapter II - - - Administration of School Affairs 

Chapter III . . . Organization of School Districts 

Chapter IV - - Powers of Voters at District Meetings 

Chapter V - - - - - - School Officers 

Chapter VI Teachers 

Chapter VII - - Compulsory Attendance at School 
Chapter VIII .... Text Books and Libraries 

Chapter IX School Revenues 

Chapter X - - - - Miscellaneous Provisions 



CHAPTER I. 

CONSTITUTIONAL PROVISIONS. 

( From Constitution of Micliigan.) 

ARTICLE VIII. 

There shall be elected at each biennial election, a Superin- 
tendent of Public Instruction for the term of two 

1nt"f''pIb''uc years. He shall keep his office at the seat of gov- 

iNST RUCTION, emment, and shall perform such duties as shall be 

prescribed by law. 
His term of office shall commence on the first day of January, 
one thousand eight hundred and fifty-three, and of 

OFFICE^'' every second year thereafter. Whenever a vacancy 

shall occur in the office, the Governor shall fill the 

same by appointment, by and with the advice and consent of 

the senate, if in session. 

ARTICLE XIII. 

The Superintendent of Public Instruction shall have the gen- 
GENERAL eral supervision of educational affairs. 

SUPERVISION. 

The proceeds from the sales of all lands that have been or 
hereafter may be granted by the United States to the state for 
educational purposes, and the proceeds of all lands or other 
property given by individuals, or appropriated by the state for 
like purposes, shall be and remain a perpetual 
SCHOOL f^nd, the interest and income of which, together 

FUND. -^yitii the rents of all such lands as may remain un- 

sold, shall be inviolably appropriated and annually applied to 
the specific objects of the original gift, grant, or appropriation. 



8 SCHOOL LAW 

All lands, the titles to which shall fail from a defect of heirs, 
shall escheat to the state; and the interest on the clear pro- 
ceeds from the sales thereof shall be appropriated exclusively 
to the support of primary schools. 

The legislature shall, within five years from the adoption of 
this constitution, provide for and establish a system of primary 
schools, whereby a school shall be kept without 
SCHOOL^ charge for tuition, at least three* months in each 

SYSTEM. year, in every school district in the state; and all 

instruction in said schools shall be conducted in the English 
language. 

A school shall be maintained in each school district at least 
three months in each year. Any school district 
MONTHS OF neglecting to maintain such school shall be de- 
scHooL. prived for the ensuing year of its proportion of the 

income of the primary school fund, and of all funds arising 
from taxes for the support of schools. 

There shall be elected in the year eighteen hundred and sixty- 
three, at the time of the election of a justice of the supreme 
court, eight regents of the university, two of 
REGENTs.^^ whom shall hold their office for two years, two for 
four years, two for six years, and two for eight 
years. They shall enter upon the duties of thgir office on the 
first of January next succeeding their election. At every reg- 
ular election of a justice of the supreme court thereafter, there 
shall be elected two regents, whose term of office shall be eight 
years. When a vacancy shall occur in the office of regent, it 
shall be filled by appointment of the Governor. The regents 
thus elected shall constitute the Board of Regents of the Uni- 
versity of Michigan, and these regents and their successors in 
office, shall continue to constitute the body corporate known 
by the name and title of "The Regents of the University of 
Michigan." 

*Act No. 15 of 1895 increases the minimum length of school year to 
five months. 



SUPERVISION 
OF UNIVER- 



OF MICHIGAN. 9 

The regents of the university shall, at their first annual 
meeting or as soon thereafter as may be, elect a president of 
the university, who shall be ex officio a member of their 
board, with the privilege of speaking, but not of voting. He 
shall preside at the meetings of the regents, and be the prin- 
cipal executive officer of the university. The Board of Regents 
shall have the general supervision of the univers- 
ity, and the direction and control of all expendi- 
^'■'■^- tures from the university interest fund. 

There shall be elected at the general election in the year one 
thousand eight hundred and fifty-two, three members of a 
State Board of Education, one for two years, one 
OF EDUCATION, ^^r four years, and one for six years; and at each 
succeeding biennial election there shall be elected 
one member of such board, who shall hold his office for six 
years. The Superintendent of Public Instruction shall be ex 
officio a member and secretary of such board. The board shall 
have the general supervision of the state normal school, and 
their duties shall be prescribed by law. 

Institutions for the benefit of those inhabitants who are deaf, 
STATE IN- dumb, blind, or insane, shall always be fostered 

STITUTIONS J , J 

and supported. 
The legislature shall encourage the promotion of intellectual, 
scientific, and agricultural improvement, and shall, as soon as 
practicable, provide for the establishment of an 
Au'scHooL." agricultural school. The legislature may appro- 
priate the twenty-two sections of salt spring lands 
now unappropriated, or the money arising from the sale of the 
same where such lands have been already sold, and any land 
which may hereafter be granted or appropriated for such pur- 
pose, for the support and maintenance of such school, and may 
make the same a branch of the university for instruction in 
agriculture and the natural sciences connected therewith, and 
place the same under the supervision of the regents of the 
university. 



10 SCHOOL LAW 

The legislature shall also provide for the establishment of at 
least one library in each township and city; and all fines 
assessed and collected in the several counties and 
LIBRARIES. townships for any breach of the penal laws, shall 
be exclusively applied to the support of such 
libraries, unless otherwise ordered by the township board of 
any township, or the board of education of any city: Provided, 
That in no case shall such fines be used for any other than 
library or school purposes. 

ARTICLE XIV. 

All specific state taxes, except those received from the min- 
ing companies of the Upper Peninsula, shall be 
TAXES. applied to paying the interest upon the primary 

school, university, and other educational funds, 
and of the interest and principal of the state debt in the order 
herein recited, until the extinguishment of the state debt 
other than the amount due to educational funds, when such 
specific taxes shall be added to and constitute a part of the 
Primary School Interest Fund. 



Of michigak. 11 



OHAPTEE II. 
ADMINISTRATION OF SCHOOL AFFAIRS. 

Superintendent of Public Instruction. 

The chief officer of the state educational system is the 
Superintendent of Public Instruction, who is elected at the 
time of the general state election for a term of two years, 
commencing on the first day of January next following his 
election. 

His salary is one thousand dollars a year and his office is 
SALARY. at the Capitol in Lansing. 

He is assisted in the performance of his official duties by a 
deputy and five clerks appointed by himself. The 

ASSISTANTS, dcputy is required to take the constitutional oath 
of office and is authorized by law to execute the 

duties of the office in the absence of the superintendent or in 

case of a vacancy, Appointments made by the superintendent 

may be revoked by him at any time (5026).* 

POWERS AND DUTIES. 

1. To visit each and every state institution that is essen- 

tially educational in character and to meet with 
INSTITUTIONS. ^^^ govemlug board of each institution at least 
once in each year (5026). 

2. To prepare an annual report to the Governor, which re- 
ANNUAL port shall contain the following information: 

REPORT. 

(a) A statement of the condition of the university and of 
* Note.— These numbers refer to sections in Howell's Statutes. 



1^ 



SCHOOL LAW 



each of the several state educational institutions, all incorpo- 
rated institutions of learning, and the primary, graded, and 
high schools. 

(b) Estimates and amounts of expenditures of all educational 
funds. 

(c) Plans for the management of all educational funds, and 
for the better organization of the educational system, if in his 
opinion the same be required. 

(d) The annual reports and accompanying documents, so far 
as he shall deem the same of suflficient public interest, of all 
state institutions of educational character. 

(e) Abstracts of the annual reports of the school inspectors 
of the several townships and cities of the state. 

(/) All such other matter relating to his office and the sub- 
ject of education generally as he shall deem expedient to com- 
municate (5026). 

3. To compile and cause to be printed all general laws relat- 
ing to schools, with necessary forms, regulations, 
and instructions for conducting all proceedings 
under said laws. Such compilation must include 

rules for the management of libraries of townships and school 
districts, one copy to be furnished to each of the several 
school offices entrusted with the management of school affairs 
(5028). 

4. To prepare statements directing the semi-annual appor- 
tionment of the primary school interest fund 
among all the children between the ages of five 
and (under) twenty years of a^e. Between the 

first and tenth days of each May and November these state- 
ments are made to the auditor general, showing the number 
of pupils of school age in each county, township, and city, as 
appears from the reports of school officers filed in the office of 
public instruction during the month of October just previous 
to the May apportionment. The auditor general on receiving 
such statements, is authorized to draw a warrant upon the 



COMPILATION 
OF SCHOOL 
LAWS. 



PRIMARY 

APPORTION 

MENT. 



OF MICHIGAN. 13 

state treasurer in favor of the treasurer of each county for 
the amount due to each county. In case the reports from any 
county, township, city, or district, are defective, the superin- 
tendent is authorized to ascertain, by the best evidence he can 
obtain, the facts upon which the apportionment shall depend. 
It is the intention of the law that districts shall not lose public 
money on account of inacctirate or incomplete reports; if the 
superintendent is unable to gather such information or if he 
finds that school has not been taught in the district at least 
five months (Act 15, 1895), it is his duty to cause such dis- 
tricts to forfeit their share of this fund. He may, if he finds 

that officers failed to comply with the law through 
FORFEITURE, ^^ fault of tliclr own, apportion such deficiency 

at the time of the next apportionment (5029 and 
5030). The preparation of this statement is one of the most 
important duties of the Superintendent of Public Instruction, 

5. To prepare statements for the division of library money 
LIBRARY among townships and districts entitled to re- 
me'nt!^""^ ceive a portion of the same (5145). 

6. To prepare all examination questions to be used at county 

teachers' examinations. He is required to send 
questIons!''' *^® same under seal to the commissioner of schools 

(Act 66, 1895). He shall also send to commissioner 
of schools the questions furnished by the president of the agri- 
cultural college for use in the examination of candidates for 
admission into said college (Act 101, 1895). 

7. To prescribe rules and regulations relative to the grant- 

couiMTY cER- lug of certlficatcs bv county board of examiners 
TiFicATEs. (^^^ 34^ jg93^ 

8. To approve and countersign, in his discretion, first grade 
INDORSED certificates (Act 34, 1893). 

CERTIFICATES. 

9. To prepare and furnish to school officers blank forms 
BLANKS AND for auuual reports to the department. (Act 147, 

REPORTS. jgg^) 



14 SCHOOL LAW 

10. To arrange for a teachers' institute in each organized 

county of the state and act as conductor of the same, 
INSTITUTES. ^^ appoint some suitable person or persons to 

act as conductor or instructors. He has general 
supervision of the institutes and directs the disbursements of 
money belonging to the institute fund (5189 and Act 112, 1883). 

11. He may appoint, in his discretion, boards of visitors to 
VISITING any incorporated institution of learning within 

BOARDS. ^j^g g^^^g ^^^^ jQ3^ jg93^_ 

12. He is a member of the State Board of Education (Art. 
DUTIES 13, Sec. 9, Mich. Constitution) and the State 
EX OFFICIO. g^^j.^ ^f Geological Survey (5468). 

13. He shall perform such other duties as are or shall be re- 

quired of him by law and, at the expirat'on of 
DUTIES. l^is term of office, shall deliver to his successor all 

property, books, documents, maps, records, re- 
ports, and all other papers belonging to his office, or which 
may have been received by him for the use of his office. 

State Board of Education. 

Including the Superintendent of Public Instruction, this 
board is composed of four members. The three members of 
the board other than the superintendent are elected for terms 
of six years and receive three dollars per day for their actual 
services, together with necessary traveling and other expenses. 
At each biennial state election one member is elected. 

The board has general care and management of the state 

normal schools, and its general duties relating 

normaI^'^*'^^ thereto are prescribed by law (Act 194, 1889, and 

Act 73, 1895). We give in this chapter only such 

duties as pertain to the general school system of the state. 

POWERS AND DUTIES. 

1. The board is required by law to prescribe in the state 

normal schools a course of study intended espe- 

course'of" cially to prepare students for teaching the rural 

STUDY and elementary schools of the state, such course 



OF MICHIGAN. 15 

to provide not less than twenty weeks of special professional 
instruction. 

In addition to the course mentioned above, the board is 
MAINTAIN required to maintain a fully equipped training 
SCHOOL. school as a school of observation and practice. 

3. Diplomas for five years are now granted by the State 
Board of Education upon the recommendation of 
DrpLOMAs. ^^® principal and faculty of the school, and diplo- 
mas for life are granted to those who have com- 
pleted a full course of not less than four years study. Diplomas 
granted by the board are legal certificates to teach in all the 
schools of the state, when recorded with the legal examining 
officer of the county or city where the holder thereof proposes 
to teach. 

3. The board also holds two examinations each year at Lan- 

sing, to examine candidates for state certificates. 
CERTIFICATES These examinations are usually held during the 

last weeks of July and December. State certifi" 
cates are valid during life. 

4. The board may indorse state certificates granted in other 

states, if it be shown that the examinations re- 
m^DORs^E^^^^^^ quired or courses of study pursued are fully equal 
ic*TEs. to the requirements of this state (Act 73, 1895). 

5. It may grant certificates to graduates of colleges of the 

state whose courses of study have been approved 
lege'ce'r'ti'f- by said board, according to the condition prescribed 
'CATES. in Act No. 136, laws of 1893. 

6. It may examine and approve text books in physiology, be- 

fore such text books are legally adopted for use in 
TEXT°BooKs ^^J ^^ ^^^ pubHc schools of the state. (Act 165, 
1887; Act 147, 1889) . 

County Board of Scliool Examiners. 

This board is composed of three persons, the county com- 
missioner of schools 9.nd two examiners, each chosen for terms 
of two years, 



16 SCHOOL LAW 

THE COMMISSIONER. 

The commissioner is elected by the people on the first Mon- 
day of April of every odd year, and enters upon the 
HOW ELECTED, dutles of his ofiice on the first day of July next after 
his election. Within ten days after he has re- 
ceived legal notice of his election, he shall take the constitu- 
tional oath of office and file a bond in the penal 
office!'' s^°^ of one thousand dollars for the faithful per- 

formance of his duties (Act 66, 1895). 
The compensation of the commissioner of schools is fixed by 
the board of supervisors. The maximum salary 
SALARY P^^d i^ ^^y county is $1,500. In counties hav^ 

ing one hundred and twenty-five schools under his 
supervision, the minimum salary is $1,200; in counties having 
one hundred schools, the lowest limit is $1,000; and in counties 
of fifty schools, $500. In some of the smaller counties of the 
state the commissioners serve for salaries ranging from $100 
to $500. 

Before the county clerk can legally issue an order for the 
salary of the commissioner the latter must meet the following 
requirements: 

1. File a certified statement from the Superintendent of 

Public Instruction that all reports required of 
STATEMENT, him have been properly made and filed with said 
superintendent. 

2. File with the county clerk a detailed statement under 
oath, showing what schools have been visited by him during 
the preceding quarter and what amount of time was em- 
ployed in each school, naming the township and school dis- 
trict. 

The necessary contingent expenses of the commissioner for 

printing, postage, stationery, record books, and 

EXPENSES^ ^^^^ of rooms for public examinations shall be 

audited and allowed by the board of supervisors 

(Act 147, 1891). 



OF MICHIGAN". 17 

To be eligible to hold the office of commissioner of schools, 
the candidate must possess higher qualifications 
TioN OF COM- than are required of most officials. Besides having 
MissioNER. been a teacher in the public schools of the state for 
twelve months, he must possess one at least of the following 
qualifications: 

1. Be a graduate of the literary department of some reputa- 
ble college, university, or state normal school having a course 
of at least three years. 

2. Hold a state teacher's certificate. 

3. Hold a first grade certificate in the county in which he is 
elected. 

4. Have been a commissioner under the provisions of Act 
No. 147, public acts of 1891. 

Counties having less than fifty schools under the supervision 
of a commissioner, may elect a commissioner who 

IN SMALL • J.1 111 

COUNTIES. IS the holder of a second grade certificate (Act 
66, 1895). 

A graduate of a high school or a person to whom a certifl- 
DATE OF cate was granted after the date of his election, is 

CERTIFICATE. ^^^ legally qualified (94 Mich. 165), 

Women are also eligible to hold the office of commis^ 
ELIGIBILITY gioner (Act 147, 1891). 

OF WOMEN. ^ ' 

Whenever a vacancy occurs in the office of commissioner of 

schools, the county clerk shall issue a call to the 
IN* o*FFicE. chairmen of the township boards of school inspect^ 

ors of each township in the county, who shall meet 

within ten days at the office of the county clerk and appoint 

a suitable person to fill the vacancy for the unexpired portion 

of the term. 

The executive duties of the board of examiners devolve 

mainly upon the commissioner of schools. No 
tI'f*cates!'' county certificate is valid without his signature, 

and he is authorized to grant special certificates. 

3 



18 SCHOOL LAW 

He must make out a schedule of the times and places of 

holding special public examinations in counties 

of'exani'in- entitled to hold such examinations, and cause said 

ATioNs. schedule to be published in one or more newspapers 

of the county ten days before such examination (Act 66, 1895). 

He is required to examine candidates for admission to the 
freshman class of the agricultural college, using 
COLLEGE CAN- qucstions furnished by the president of said col- 
Di DATES. lege and forwarded by the Superintendent of Pub- 

lic Instruction (Act 101, 1895). His duties as given in Act 147, 
Laws of 1891, are as follows: 

1. Immediately after his or her qualification as commis- 

sioner, to send notice thereof to the Superintend- 
g^^°"g„pj.p. ent of Public Instruction and the chairman of 
iNTENDENT. each township board of school inspectors 
of the county. 

2. To keep a record of all examinations held by the board 
RECORD or EX- of school examlucrs and to sign all certificates 
AMiNATioNs. ^^^ othcr papcrs and reports issued by the board. 

8. To receive the institute fees provided by law and to pay 
RECEIVE IN- the same to the county treasurer quarterly, be- 
sTiTUTE FEES, gjjjj^jjjg September thirtieth in each year. 

4. To keep a record of all certificates granted, suspended, 

or revoked by the said board or commissioner, 
cERTrr^cATEs. showing to whom issued, together with the date, 

grade, duration of each certificate, and, if suspen- 
ded or revoked, with the date and reason thereof. 

5. To furnish previous to the first Monday in September in 

each year, to the township clerk of each township 
TEACHER°s''. ^^ *^® couuty, a list of all persons legally author- 
ized to teach in the county at large and in such 
township, with the date and term of each certificate, and if 
any have been suspended or revoked, the date of such suspen- 
sion or revocation. 



OF MICHIGAN. 19 

6. To visit each of the schools in the county at least once 

in each year, and to examine carefully the disci- 
oF^scKooLs. plinS) the mode of instruction, and the progress 

and proficiency of pupils: Provided, That in case 
the county commissioner is unable to visit all the schools of the 
county as herein required, the said commissioner may appoint 
such assistant visitors as may be necessary, who shall perform 
such duties pertaining to the visitation and supervision of 
schools as said commissioner shall direct. The whole expense 
incurred by such assistant vistors must not exceed the sum 
of ninety dollars in any one year. 

7. To counsel with the teachers and school boards as to the 

courses of study to be pursued, and as to any 
TEACHERsl"^" Improvemeut in the discipline and instruction in 

the schools. 
" 8. To promote by such means as he or she may devise, the 

improvement of the schools in the county, and the 
msTrruTE: elevation of the character and qualifications of the 
CONDUCTOR, teachers and ofiicers thereof, and to act as assistant 
conductor of institutes appointed by the Superintendent of 
Public Instruction, and perform such other duties as the super- 
intendent shall require. 

9. To receive the duplicate annual reports of the several 

boards of school inspectors, examine into their 
REPORTS. correctness, require them to be amended when 

necessary, indorse his or her approval upon them, 
and immediately thereafter and before the first day of Novem- 
ber in each year, transmit to the Superintendent of Public 
Instruction one copy of each of said reports and file the other 
in the office of the county clerk. 

10. To be subject to such instructions and rules as the Super- 
intendent of Public Instruction may prescribe; to receive all 
blanks and communications that may be sent to him or her 

by the Superintendent of Public Instruction, to 

REPORTS. dispose of the same as directed, and to make 

annual reports at the close of the school year to 



20 SCHOOL LAW 

the Superintendent of Public Instruction of his or her official 
labor, and of the schools of the county, together with such 
other information as may be required. 

11. To perform such other duties as may be required by law, 

and, at the close of the term of office, to deliver all records, 

' books, and papers belonging to the office to his or her successor. 

The law creating the office and prescribing the duties of the 
LIMITATIONS commissiouer also places some limitations and re- 

AND RESTRIC- 

T10NS. strictions upon his powers and duties as follows: 

1. No commissioner shall act as agent for the sale of any 

school furniture, text-books, maps, charts, or other school 

apparatvis* (Act 66, 1895). 
3. He can not legally grant a second special certificate to 

the same person (Act 147, 1895). 

3. His expenses for printing, postage, rent of rooms, station- 
ery, books, etc., shall not exceed $200 per year (Act 147, 1891). 

4. No traveling fees are allowed him while engaged in his 
official duties (Act 147, 1891). 

THE EXAMINERS. 

The examiners are appointed at the October meeting of the 
board of supervisors for a term of two years, a 
POINTED. majority of those present and voting being neces- 

sary to a choice (475). It is so arranged that one 
examiner goes out of office each year. 
A person eligible to this office must be the holder of at least a 
third grade certificate and have had an experience 
B LiTY. ^^ j^ij^g months as teacher (Act 66, 1895). 
Examiners receive four dollars per day for time actually 
employed in their official duties, and persons ap- 
sationI* pointed to assist the commissioner in school visita- 

tion receive three dollars per day. The whole ex- 
pense incurred for assistant visitors in any one year is limited 
to ninety dollars. 

*NoTE.— This rule also applies to the Superintendent of Public In- 
struction, instructor at institute, and school examiner. 



OF MICHIGAIS". 21 

When a vacancy occurs in the office of examiner, the com- 
missioner and remaining examiner, together with 

m OFFICE. *^6 judge of probate, act as a board to appoint a 
successor, who shall hold his office for the balance 

of the unexpired term. 

The examiners assist the commissioner in the work of con- 
ducting examinations and issuing certificates (Act 

AMmYTioT."" 66, 1895). The duties of the board as to the grant- 
ing of teachers' certificates will be discussed in 

another chapter. 

Toiunsliip Board of School Inspectors. 

The state constitution (Art. 11, Sec. 1) provides for the elec- 
tion of a township clerk who shall be ex-officio school inspector, 
and for the election of one school inspector; the statute (684m 
in addition to this declares that the term of office shall be two 
years. The board of school inspectors, therefore, consists of 
the township clerk and two inspectors. Women are eligible 
to hold the office (783). 

The organization of the board must be effected within twenty 
days after the first Monday in April. The town- 
zation'. ship clerk is the clerk of the board, and the board 

shall elect one of their number chairman. The 
chairman is also the treasurer of the board (5079) and as such ' 
is the proper custodian of the township library money (30 Mich. 
lOOj. 

The treasurer is required to give a bond for the safe keeping 
TREAsuR- of the moneys that may come into his hands. 

ER'S BOND. 

POWERS AND DUTIES.* 

By Act No. 147, Laws of 1891, the chairman of the board of 
inspectors is required: 

First, To have general supervisory charge of the schools of 
SUPERVISORY his township, subject to such advice and direction 
CHARGE. ^g ^j^g county commissioner may give: 



22 SCHOOL LAW 

Second, To make sucli reports of his official labors and of 
MAKE the condition of the schools as the Superintendent 

REPORTS. ^£ Public Instruction may direct or commis- 
sioner request. ' 
' The law relative to the powers and duties of school inspectors 
has undergone many changes and, in the older portions of the 
State, there seems to be little left for them to do. 

The most important of these duties and one which generally 
falls to the clerk, is the preparation, on the third 
tantduty!'' Monday in September, of the triplicate annual 
report of the schools of the township to the Super- 
intendent of Public Instruction. Blanks for this purpose are 
prepared at the department of public instruction. One of 
these reports is filed with the township clerk, another with the 
county clerk, and the third is sent to the department office at 
Lansing. 

Before making these reports it is the duty of the board to 
ascertain if the schools have been taught by legally 
ACCOUNT.^ qualified teachers. The report must contain a full 
financial account of all moneys received and dis- 
bursed (5082). 

The number of meetings of the inspector at the expense of 
NUMBER OF thc townsWp shall not exceed eight in any one 

MEETINGS. „^ /KflQQN 

year (oOoo). 
The authority of the inspectors to form new districts (5033) 
is discussed in another part of this book. 

ToivnsJiip Clerh. 

The township clerk is an important official in the manage- 
ment of educational matters in his township. 

♦Note.— City and township scliool districts which have been incorpor- 
ated as such by special enactment, have various provisions defining the 
powers and duties, election and term of office of school inspector. In 
some of these, as in Act No. 176, Laws of 1891, the duties of the inspectors 
are performed by another set of officers. The student is referred to 
page 636 of the manual (red book) for 1893 for an index to the local acts 
of the legislature establishing city school districts. 



OF MICHIGAN. 



POWKRS ANP DUTIES. 

We mention briefly some of his chief duties as follows: 

1. To act as clerk of the board of school inspectors, attend all 
CLERK BOARD meetings, and keep a record of their proceedings, 

OF SCHOOL IN- ° ^ X- O 

SPECTORS. 

2. To receive all reports to inspectors from school directors, 
RECEIVE ajtifj file such reports in his office. 

REPORTS. 

3. To receive all such communications, blanks, and docu- 

ments as may be transmitted by the Superinten- 
Mu'rfi'cAT^oNs. dent of Public Instruction, and dispose of them as 
directed by said superintendent (5084). 

4. To transmit to the county clerk immediately after the 

organization of the board of inspectors, the name 
CHAIRMAN -s Sixxd postoffice address of the chairman of said 
ADDRESS. board. 

5. To cause a map to be prepared showing the boundaries 
PREPARE MAP. of the school districts of the township (5086). 

6. To make and deliver to the supervisor a certified copy of 
all statements on file in his oflSce of money to be raised by 
taxation in the several school districts of his township. 

7. To attend to the apportionment of the school moneys of 

the districts entitled to the same, according to the 
APPORTION- number of pupils in each betwef n the ages of five 
"^'^'^®' and twenty years. 

8. To act as clerk of township board at meetings called to re^ 
CLERK OF move school officers (5170). 

TOWNSHIP 
BOARD. 

9. To act in township school districts of the Upper Peninsula, 

as member and ex-officio clerk of the board of 
BOAR'*ifo'F education. His duties in such townships are quite 
EDUCATION, similar to his duties in other townships of the 
state, and his salary as clerk of the board of education is 
limited to fifty dollars per year (Act 176, 1891). 



24 SCHOOL LAW 



CHAPTEE III. 
ORGANIZATION OF SCHOOL DISTRICTS. 

Frimary Scliools. 

The original and fundamental school organization in Michi- 
gan is the district, which is established by authority of the 
township board of school inspectors. After a township has 
been organized, its territory shall be divided into school dis- 
tricts which shall not exceed nine sections of land in size and 
which may be altered from time to time in the discretion of 
the inspectors. 

The statute directs that the territory of each district must be 

in as compact form as may be (5033). It is not 

and'size. essential that the territory of the maximum school 

district shall contain exactly nine full sections of 

land, but it must not contain more than 5,760 acres (75 Mich. 

143). 

After an organization has been effected by the inspectors, it 
NOTICE OF is the duty of the clerk to deliver to a taxable 
mG^^ ""^^^ inhabitant of the district a notice in writing of 
the formation of such district, describing its 
boundaries and specifying the time and place of the first 
meeting, which notice, with the fact of such delivery, is 
entered upon record by the clerk. The notice also directs such 
inhabitant to notify every qualified voter of such district, either 
personally or by leaving a written notice at his place of resi- 
dence, of the time and place of said meeting, at least five days 
before the time appointed therefor; and it is the duty of such in- 
habitant to notify the qualified voters of said district accordingly : 



OF MICHIGAN". 25 

and said inhabitant, when he has notified the qualified voters, 
indorses thereon a return, showing such notification with the 
date or dates thereof, and delivers such notice and return to 
the chairman of the meeting, to be by him delivered to the 
director chosen at such meeting, and by said director recorded 
at length as a part of the records of the district (5034). 

A school district created by special legislative enactment, 
SPECIAL cannot be dissolved or changed by the school in- 

enacImInt. Pectors (17 Mich. 233). 

In case the inhabitants of the district fail to organize as 

above indicated, the clerk shall give a new notice 
orga"niIe^.° and the residents of the district shall proceed in 

the same manner as in case of first notice (5035). 
Fractional districts are districts formed from territory taken 

from two or more adjoining townships. Such 
ms*T RICTUS*'" districts are formed by joint action of the township 

boards of inspectors of the townships interested. 
They are organized in the same manner as other primary 
school districts, and the officers report to the clerk of the town- 
ship in which the school house is situated. The inspectors 
assign a number to each school district thus established (5036). 
Any unorganized territory cannot be included in a school 
unorganized district and taxed for school purposes (45 Mich. 
TERRITORY, ggg^^ unless at the request of the owner (5043). 

The proceedings in the organization of school districts are 
LEGALLY mauy times informal and irregular. The statute 

DrsTmcTs° ^^^ ^^6 courts have wisely declared that, however 

awkward and improper may have been such pro- 
ceedings, a school district is deemed duly organized when any 
two of the ofiicers elected at the first meeting have filed their 
acceptances in writing with the director, and the same have 
been recorded in the minutes of such first meeting. Every school 
district is presumed to be legally organized when it has exer- 
cised the franchises and privileges of a district for the term of 



26 SCHOOL LAW 

two years; and such school district and its oflScers shall be 
entitled to all the rights, privileges, and immunities, and be 
subject to all the duties and liabilities conferred upon school 
districts by law (5037; 81 Mich. 889). 

A district organized under the laws of Michigan, has a cor- 
porate existence and possesses the usual powers of a corpora- 
tion for public purposes (5039). 

CHANGES IN THE BOUNDARIES OF PRIMARY SCHOOL DISTRICTS. 

These are effected by the inspectors, under certain regulations 
and restrictions. After a district has exercised its corporate 
functions for several years, its boundaries should not be altered 
for trivial reasons. The official acts of inspectors in the change 
of district boundaries are therefore quite carefully guarded by 
the statutes. 

Whenever the board of school inspectors contemplates an 
alteration of the boundaries of a district, the township clerk 
(and for meetings of boards to act in relation to 
MEETiNo.'' fractional districts, clerks of the several townships 
interested) gives at least ten days' notice of the time 
and place of the meeting of the inspectors, and of the altera- 
tions proposed, by posting such notice in three public places in 
the township or townships, one of which notices is posted in 
each of the districts that may be affected by such alteration. 
Whenever the board of school inspectors of more than one 
township meet, they elect one of their number chairman and 
another clerk (5040). 

The inspectors may, in their discretion, detach the property 
of any person or persons from one district and 
TERRiTORY°oF attach It to another, except that no land which 
TAXPAYERS, i^^s beeu taxed for building a school house can be 
set off into another school district for the period of three years 
thereafter, without the consent of the owner thereof; and no 
district can be divided into two or more districts without the 
consent of a majority of the resident taxpayers of said district; 



OF MICHIGA]!^. 27 

and no two or more districts can be consolidated without the 
consent of a majority of the resident taxpayers of each district 
(5041). 

The inspectors have the right to detach such territory as they 
see fit (except as stated above), unless such action 
taxpayers'! would practically destroy the district (67 Mich. 
601); but they have no authority to divide up the 
district and destroy it without the consent of a majority of the 
resident taxpayers ; nor can they destroy it by cutting it up 
into pieces, and attaching all the territory to other districts 
without such consent (71 Mich. 87). 
The inspectors may attach to a school district any person re- 
siding in a township and not in any organized dis- 
SET off!*''^ trict, at his request; and, for all district purposes, 
except raising a tax for building a school house, 
such person is considered as residing in such district; but when 
set off to a new district, no sum is raised for such person as his 
proportion of the district property (5042). 

In all cases where an alteration of the boundaries of a school 
district is made, the township clerk is required 
ALTERATION, wlthlu teu days to deliver to the director of each 
district affected by the alteration, a notice in writ- 
ing, setting forth the action of the inspectors and defining the 
alterations that have been made (5043), 

When a new district is formed in whole or in part, from one 
or more districts possessed of a school house or entitled to other 
property, the inspectors, at the time of forming such new dis- 
trict or as soon thereafter as may be, ascertain and determine 
the amount justly due to such new district from any district 
out of which it may have been in whole or in part formed, as 
the proportion of such new district, of the value of the school 
house and other property belonging to the former district at 
the time of such division; and whenever, by the division of any 
district, the school house or site thereof is no longer conveni- 
ently located for school purposes and is not desired for use by 



28 SCHOOL LAW 

the new district in which it may be situated, the school in- 
spectors of the township in which such school 
PROPERTY.'' house aud site is located, may advertise and sell 
the same and apportion the proceeds of such sale, 
as also any moneys belonging to the district thus divided, 
among the several districts erected in whole or in part from 
the divided district. 

Such proportion is ascertained and determined according to 
the value of the taxable property of the respective parts of 
such former district at the time of the division, by the best 
evidence in the power of the inspectors; and such 
MERLY D^uE. amouut of any debt due from the former district 
which would have been a charge upon the new 
had it remained in the former district, is deducted from such 
proportion: Provided, That no real estate thus set off, which 
has not been taxed for the purchase or building of such school 
house, shall be entitled to any portion thereof, nor be taken 
into account in such division of district property. 

Graded Schools. 

The term graded school as used in the laws of the state 
is sometimes confused with those schools which have, by 
authority of the school board and teacher, adopted a graded 
course of study according to the manual and course of study 
published by the Superintendent of Public Instruction. In 
using the term we refer exclusively to districts organized under 
the law for graded schools. All such schools are first organized 

as primary districts, and all graded schools, 
CLASSIFIED. whether created under special acts or organized 

under general laws, are subject to the general 
primary school law, except in so far as the acts creating them 
or under which they are organized, are inconsistent with it 
(18 Mich. 400). 

Any school district containing more than one hundred chil- 
N UMBER OF drcu of scliool age may organize as a graded 

CHILDREN. ^jg^j..^^_ . - . . 



OF MICHIGAN". 29 

The vote may be taken at any school meeting properly 
called, and a two-thirds vote of the qualified voters 

ORGANIZED. IS requlrcd (5132). The district voting to organize 
as a graded district, elects at such meeting aboard 

of trustees, and the time from the date of the meeting to the 

date of the next annual school meeting is reckoned as one 

year. 

ALTERATION IN BOUNDARIES OF GRADED DISTRICT. 

The authority to make changes in the boundaries of graded 
districts, is given to the board of inspectors with the following 
limitations: 

No alteration can be made in the boundaries of any graded 
school district, without the consent of a majority 
CHANGED. of the trustees of said district, which consent must 
be spread upon the records of the district and 
placed on file in the office of the clerk of the board of 
school inspectors of the township or city to which the reports 
of said district are made (97 Mich. 127). Graded school dis- 
tricts are not restricted to nine sections of land (5135). 

Whenever two or more contiguous districts having together 
more than one hundred children of school age, 
Tiorf of"d*s- bave published in the notices of the annual meet- 
TRicTs. ingg of each district the intention to take such 

action and have, by a vote of two-thirds of the qualified voters 
attending the annual meetings in said districts, determined to 
unite for the purpose of establishing a graded school district, 
the school inspectors of the township or townships in which 
such districts may be situated are required, on being properly 
notified of such vote, to unite such districts and to appoint a 
time and place for a meeting of the new district. Three 
notices of the same must be posted in each of the districts so 
united at least five days before the time of such meeting. At 
this meeting the district elects a board of trustees and transacts 
the usual business of an annual school meeting (5135a). 



30 SCHOOL LAW 

Whenever the trustees of any organized graded school dis- 
CHANGE trict are presented, twenty days before the annual 

to°p"riv'a*r°y^° meeting, with a petition signed by ten electors of 
DISTRICT. said district, stating that it is their desire that, at 
the annual meeting of the school district, there be submitted a 
proposition to change from a graded district to one or more 
primary districts, the trustees shall, in their notice of such 
annual meeting, state that the proposition set forth in said 
petition will be presented at the meeting; and, if two-thirds of 
the qualified voters present at said meeting vote to change to 
one or more primary districts, the change shall be made, and 
it becomes the duty of the board of school inspectors of the 
township or townships in which the district is situated, upon 
being duly notified of such vote, to change or divide the dis- 
trict as determined by such annual meeting, and to provide for 
the holding of the first meeting in each of the proposed primary 
districts in the same manner as is provided for by law for the 
organization of primary districts; and whenever a fractional 
graded school district is so changed, the township boards of 
school inspectors of the respective townships where such graded 
school district is situated, organize the district into one or 
more primary districts (Act 84, 1891). 

Toiuns'liip Districts. 

Michigan has seventy-five townships organized as school 
districts, and every legislature, by the passage of special acts, 
adds others to the number. As the student will readily observe, 
the township district can not be organized under either of the 
laws for the primary or graded districts. 

The majority of the township districts of the state are in the 
Upper Peninsula and are authorized by the provision of Act 
176, Public Acts of 1891. By this law the qualified voters of 

a township petition the township board to give 
ORGANIZED. iioticc that, at the next annual township meeting, 

the township will be organized into a single school 



OF MICHIGAN". 31 

district. It is necessary that the petition be signed by a 
majority of the voters of the township, and be filed with the 
township clerk at least fifteen days prior to the annual town- 
ship meeting. To ascertain whether a majority of the qualified 
voters have signed the petition, the township board is required 
to compare the names on the petition with the names on the 
list of registered voters qualified to vote at the preceding elec 
tion. If the board finds that a majority of the qualified voters 
have signed the petition, it is its duty to give notice that, at 
the next township meeting, the township school officers shall 
be chosen. The township board makes and files, both with the 
county clerk and the commissioner of schools of the county 
in which such township is located, a certified copy of the 
petition, with their findings and doings thereon (93 Mich. 281). 
Thereupon such township becomes a single school district 
which is subject to all the general laws of the state, so far as 
the same may be applicable, and said district has all the powers 
and privileges conferred upon other school districts by the laws 
of this state, all the general provisions of which relating to 
common or primary schools shall apply and be enforced in 
said district, except such as shall be inconsistent with the pro" 
visions of this act. 

DISTRICT MEETINGS. 

The first Monday of September is the date fixed by law for 
the annual meeting of primary and graded school 
AND GRADED dlstrlcts. Thc voters of a district may, however, 
DISTRICTS. \)j a vote of any properly called meeting, decide 
to fix the date of its annual meeting on the second Monday of 
July. They are also authorized to change back to the Septem- 
ber date in a similar manner. The officers chosen at an annual 
meeting, date their terms of office from the date of election 
and continue in oifice until their successors are elected and 
qualified (5046). 

In township districts the annual meeting is held at the same 
IN TOWNSHIP *'™^ ^^^ place as the annual township meeting, — 
DISTRICTS. the first Monday in April. 



32 SCHOOL LAW 

At this meeting the township school officers are chosen, the 
amount of money to be raised by tax for school 
BE TRANs-^° purposes is determined, and the annual detailed 
ACTED. report of the board of education is publicly read 

by the president of the board or, in his absence, by the clerk 
(Act 176, 1891). 

Districts in cities organized by special legislative enactment, 
IN DISTRICTS hold annual meetings on the date specified in the 

UNDER SPE- " '^ 

CIAL ACT. act. 

The time of taking the annual school census by the director 
and school officers is the same in all districts of the 
CENSUS. state, being the ten days previous to the first Mon- 

day in September. 

Special meetings may be called by the district board. It is 
the duty of the board or any one of them, to call 

MEETINGS. such meetings on the written request of not less 
than five legal voters of the district, by giving the 

required notice. No special meeting can legally be called, 

unless the business to be transacted may lawfully come before 

such meeting (5047). 

NOTICES. 

Six days' notice of all district meetings must be given by 

the posting of written notices in three of the 

meeti'ngs.' most public places of the district. These notices 

are prepared by the director, and one copy is 

placed on the outer door of the school house. 

When a special meeting is called for the purpose of establish- 

FOR SPECIAL ^^S or changing a, school site, a ten days' notice 

MEETINGS. is required. 

It is the duty of any school officer, upon receiving a request 

signed by five legal voters, to call such meeting 

WHEN GIVEN, ^u a date between six and twelve days from the 

time such request is received. 



OF MICHIGAN. 33 

All notices of special meetings must contain a statement of 
all the business which is proposed to be transacted 
at such meeting (5048). 
Failure on the part of a director to give notice of an annual 
FAfLURE TO meeting, does not invalidate the proceedings of 
GIVE NOTICE the meeting, unless it appears that the director 
MEETING. wilfully and fraudulently omitted to give notice. 

No notices of district meetings in township districts are re- 
quired, as the only meeting provided in the act is 
DISTRICTS '' t^^ annual township meeting held on the first 
Monday of April (Act 176, 1891). 



34 SCHOOL LAW 



CHAPTER IV. 

POWERS OF VOTERS AT DISTRICT MEETINGS. 

By the school laws of the state certain powers and duties 
are delegated to the voters of the district, certain other powers 
and duties are given wholly to the district officers, while still 
other powers and duties are given to the district officers with 
the consent of a majority of the qualified voters. Schoolofficers 
and patrons of schools would save themselves much contro- 
versy and litigation, if each would carefully study and cor- 
rectly determine where the authority rests and, having thus 
informed himself, carefully avoid assuming responsibility 
which belongs to others. In this book we shall attempt to 
arrange these powers and duties in such an order that they 
may be better understood by those who are entrusted with 
their enforcement. 

Primary Districts. 

The qvialified voters in any school district, when lawfully 
assembled at the first and at each annual meeting or at an 
adjournment thereof or at any special meeting lawfully 
called, except as otherwise provided, have power: 

1. At any meeting after the organization of the district, in 

the absence of the moderator, to appoint a chair- 

cHA°Rivi^N. man and, in the absence of the director, to appoint 

a person to act in his stead. 

2. To adjourn from time to time as occasion may 

ADJOURN. require. 

ELECT 3. To elect district officers. 

OFFICERS. 



OP MICHIGAN". 35 

4. To designate a site or such number of sites 
LOCATE SITES. ^^ ^^^J ^^ desired for school houses, and to change 
the same when necessary. 

5. To direct the purchasing or leasing of a site or sites, law- 
DiRECT PUR- ^^^^^ determined upon; also the building, hiring, 
CHASING OF or purchasing of a school house or houses, or the 
SITES, ETC. enlarging of a site or sites previously established. 

6. To vote such tax as the meeting may deem sufficient for 

purchasing or leasing a site or sites, or for building, 
oR^uTromc^^ hiring or purchasing a school house or houses; but 
PURPOSES. the amount of taxes to be raised in any district for 
the purpose of purchasing or building a school house or houses 
in the same year that any bonded indebtedness is incurred,' 
shall not exceed, in districts containing less than ten children 
between the ages of five and twenty years, two hundred and 
fifty dollars; in districts having between ten and thirty chil- 
dren of like age, it shall not exceed five hundred dollars; and 
in districts having between thirty and fifty children of like age, 
it shall not exceed one thousand dollars. (See also Chap. X.) 

7. To impose such tax as shall be necessary to keep 
TAX FOR RE- t^Glr school liousc or houses in repair, and to 
PAIRS OR NEC- provide the necessary appendages and school 

ES5ARY AP- J. -*. c:* 

PENDAGEs. apparatus; in districts having district libraries, to 
provide for the support of the same, and to pay and discharge 
any debts or liabililities of the district lawfully incurred, and 
also to pay for the services of any district officer. The tax 
herein authorized to be voted shall not exceed one-half the 
amount which the district is authorized to raise for building 
school houses. (See also Chap. X.) 

8. To authorize and direct the sale of any school house, 

site, building, or other property belonging to the 
SCHOOL district, when the same shall no longer be needed 

PROPERTY. for the use of the district. 

9. To give such directions and make such provisions as they 



36 SCHOOL LAW 



shall deem necessary in relation to the prosecution 
AG/UNST or defense of any suit or proceeding in which the 

■ DISTRICT. district may be a party or interested. 

10. To appoint, as in their discretion it may be necessary, a 

building committee to perform such duties in 
COMMITTEE, supcrvlsing the work of building a school house 
as they, by vote, may direct. 

11. At the first and the annual meetings only, to determine 

the length of time a school shall be taught in their 
SCHOOL YEAR, dlstrlct durlug the ensuing year, which shall not 

be less than nine months in districts having eight 
hundred children over five and under twenty years of age, and 
not less than five months in all other districts, on pain of forfeit- 
ure of their share of the primary school interest fund (Act 15, 
1895). But in case such matters shall not be determined at the 
first or annual meetings, the district board shall determine the 
same; and in case the district fails to vote for at least the min- 
imum length required herein, the district board shall make 
provisions for said minimum length of school. 

13. To appropriate any surplus moneys arising from the one 
mill tax (after having maintained a school in the 
oNE^iiiiu. TAX. district at least eight months in the school year), 
for the purpose of purchasing and enlarging school 
sites, or for building or repairing school houses, or for purchas- 
ing library books, globes, maps, and other school apparatus, or 
for any incidental expenses of the school (5053). 

13. By a two-thirds vote of the qualified electors present at 

any annual meeting or a special meeting called 
MONEY* for that purpose, to borrow money and issue bonds 

to pay for a school-house site or sites, and to erect 
and furnish school building (5103). 

14. To decide by a fwo-thirds vote of the tax-paying voters 
TRANSFER TO of the dlstrlct, to use money for some purpose 
FUND."" other than that for which it was raised (5063). 



OF MICHIGAN, 37 

15. To designate by a two-thirds vote of those present, 

such number of sites as may be desired for school 
^'="°°'-='^"- houses (5114). 

16. By a two-thirds vote, to establish a district library 
ESTABLISH (Act 158, 1893), 

LIBRARY. 

17. To vote to furnish free text-books to all the pupils of the 
FURNISH district (Act 147, 1889). 

TEXT-BOOKS. 

18. To vote to close school house against public meetings 

CLOSE SCHOOL (5066), 
HOUSE. 

Qualified Voters at District Meetings. 

By the provisions of Act No. 15, Laws of 1895, the qualifica- 
tion of voters at school meetings is limited to citizens of the 
United States, and of the state, township, and school district 
in which such citizens offer to vote. The legal qualification 
of voters at school meetings is a subject of much discussion 
and controversy, and we give below carefully prepared state- 
ments of the necessary qualifications: 

1. On all questions which do not directly involve the raising 
QUESTIONS of money by a tax, all citizens, male or female, 
iNG RAISING who have resided in the district the three months 
OF MONEY. next preceding the school meeting, who are 
twenty-one years of age and are parents or legal guardians 
of children included in the school census, may vote. 

2. All citizens, male or female, who are twenty-one years of 

age and are the owners of property assessed for 
QUALiFicA- school taxes, may vote on all questions at district 
TioN. meetings. 

3. In township districts organized under Act 176 of the Laws 

of 1891, and in several cities organized by special 
BARRED FROM legislatlvc euactment, the right to vote is given 
VOTING. only to those who are qualified voters for town- 



38 SCHOOL LAW 

ship and city officers. The legal voters for school officers at 
such district meetings, therefore, are only those who have the 
right to vote the entire township or city ticket (Act 176, 1891; 
59 Mich. 165; 76 Mich. 1). Act No. 138, Public Acts of 1893, 
giving women the right to vote in all school, city, and village 
elections, was declared unconstitutional by our supreme court. 

GEADED DISTRICTS. 

The powers and duties of voters in graded school districts 
are the same as those in primary districts, so far as such powers 
and duties are consistent with the law for the organization of 
graded districts. The following is taken from the first section 
of the act: 

Any school district containing more than one hundred chil- 
dren between the ages of five and twenty years may, by a two- 
thirds vote of the qualified electors present at any annual or 
special meeting, organize as a graded school district: Provided' 
That the intention to take such vote shall be expressed in the 
notice of such annual or special meeting. When such change 

in the organization of the district shall have been 
TRUSTEES. voted, the voters at such annual or special meeting 

shall proceed immediately to elect by ballot from 
the qualified voters of the district, one trustee for the term of 
one year, two for the term of two years, and two for a term of 
three years, and annually thereafter a successor or successors 
to the trustee or trustees whose terms of office shall expire 
(5132). 

TOWNSHIP DISTRICTS. 

These are subject to all the general laws of the state, so far 
as the same may be applicable, and the voters have all the 
powers and privileges conferred upon graded school districts 
(Act 176, 1891). 



OF MICHIGAN. 39 



Challenging of Voters. 

When a person who is supposed to be unqualified to vote on 
any question which shall come before the voters 
CHALLENGED. ^^ ^ dlstrlct meeting, offers to vote, his vote may 
be challenged by any legal voter present; and it is 
the duty of the chairman to require such person to take his 
oath that he is legally qualified. If such person refuses to take 
the oath, his vote is rejected. A person who takes a false 
oath, is deemed guilty of perjury and may be tried and pun- 
ished according to the law for such an offense. 

When any question is taken in any other manner than by 

ballot, a challenge immediately after the vote has 

vormG^BY been taken shall be deemed to be made when offer- 

BALLOT. ing to vote, and treated in the same manner (5050). 

Disorderly Conduct. 

If, at any district meeting, any person conducts himself in a 

disorderly manner and, after notice from the mod- 
OFOFFENDER. ©rator or person presiding, persists therein, the 

moderator or person presiding may order him to 
withdraw from the meeting and, on his refusal, may order any 
constable or other persons to take him into custody until the 
meeting shall be adjourned. 

Any person who refuses to withdraw from such meeting on 

being so ordered, and also any person who wilfully 
w^THDRAw° disturbs such meeting by rude and indecent be- 

behavior, or by profane or indecent discourse, or 
in any other way makes a disturbance, shall, on conviction 
thereof, be punished by a fine not less than two nor more than 
fifty dollars, or by imprisonment in the county jail not exceed- 
ing thirty days; and any justice of the peace, recorder, or 
police justice of the township, ward, or city where such offense 
is committed, shall have jurisdiction to try and determine the 
same (5051). 



40 SCHOOL LAW 



CHAPTER V. 
SCHOOL OFFICERS. 

In Primary Districts. 

At the first meeting in each newly organized school district 
there is elected a moderator for a term of three years, a director 
for a term of two years, and an assessor for a term of one 
year. By arranging in this way, the term of office of one 
expires each year and the length of each term is three years. 
All school officers must be chosen by ballot to be legally 

elected. This provision is mandatory and must 
HOW ELECTED. ^^ observcd (75 Mich. 143). All ballots cast under 

statutory requirements are formal and final. 
There can be no such thing as an informal ballot. If on a 
first ballot a person receives a majority of all the votes cast, 
there is an election and the vote can not be repeated (78 Mich. 
635). Officers who were chosen unanimously {viva voce) at a 
regularly called meeting, and who have qualified and are act- 
ing, are officers de facto and the public interest demands that 
they shall not be disturbed (75 Mich. 148). 
School officers cannot be elected by a bare plurality vote. 

In electing officers the district acts in its corporate 

VOTE DOES capacity, and no corporate action can be had 

NOT ELECT. without the concurrence of the majority (Atty. 

Gen., July 18, 1877). 

The moderator, director, and assessor shall constitute the 

district board. Meetings of the board may be 
OF BUSINESS, called by any member thereof, by serving on the 

other members a written notice of the time and 



OF MICHIGAN. 41 

place of such meeting at least twenty-four hours before such 
meeting is to take place; and no act authorized to be done by 
the district board is valid, unless voted at a meeting of the 
board. A majority of the members of the board at a meeting 
is necessary for the transaction of business (5058). 

ELIGIBILITY TO DISTRICT OFFICES. 

Any qualified voter in a school district who has property 
liable to assessment for school taxes, is eligible to election or 
appointment to office in such school district, unless such per- 
son be an alien. 

ACCEPTANCES, 

Within ten days after their election or appointment, the sev- 
eral officers of each school district file with the director written 
acceptances of the offices to which they have been respectively 
elected or appointed, and such acceptances are entered in the 
records of the district by said director (5057, 5133). In town- 
ship districts the officers file acceptances within five days after 
being notified, and such notification is made within five days 
after election or appointment. 

VACANCIES. 

A district office may become vacant by: 
1. Death of the incumbent. 

3. Resignation. 

8. Removal from office. 

4. Removal from the district. 

5. Conviction of any infamous crime. 

6. Election or appointment being declared void by a compe- 
tent tribunal. 

7. Neglect to file acceptance of office, or to give or renew 
any official bond as required by law. 

Temporary absence of an officer does not create a vacancy 



42 SCHOOL LAW 



in the office. If liis family continues to reside in 
ABSENCE."^ the district, he retains his residence. (Atty. Gen., 
Feb. 8, 1882.) 

FILLING OF VACANCIES, 

In case any one of the district offices becomes vacant, the 

two remaining officers shall immediately fill such 

MAirnNG"^' vacancy, or in case two of the offices become 

OFFICERS. vacant, the remaining officer shall immediately 

call a special meeting of the district to fill such vacancies. 

In case any vacancy is not filled as herein provided within 
twenty days after it shall have occurred, or in case 
SCHOOL IN- ^^1 the offices in a district shall become vacant, the 
spECTORs. board of school inspectors of the township to 
which the annual reports of such district are made shall fill 
such vacancies. 

Any person elected or appointed to fill a vacancy in a district 

office shall hold such office until the next succeed- 

iNG oFF^icE. ^^S annual meeting, at which time the voters of 

the district shall fill such office for the unexpired 

portion of the term (5055). 

In graded districts the trustees have power to fill any va- 
VACANCY IN cancy that may occur in their number, until the 
GRAD^trDts-" next annual meeting (5133). The same is true in 
TRicTs. case of a vacancy on the township board of edu- 

cation (Act 176, 1891). 

POWERS AND DUTIES OF DISTRICT BOARD. 

It is impossible to enumerate in detail all of the many duties 
which the officers of a district are called upon to perform. 
Below is given a summary of their most important duties, fol- 
lowed farther on by a similar summary of the powers and 
duties of each individual school officer: 

1. To purchase a record book and such other books, blanks, 
and stationery as may be necessary to keep a record of the pro- 



OP MICHIGAK. 43 

ceedings of the district meetings and of meetings 
AND°sTAT?oN? o^ t^ie board, the accounts of the assessor, and for 
E«Y. doing the business of the district in an orderly 

manner (5059, 24 Mich. 353). 

2. To purchase or lease, in the corporate name of the district, 

such sites for school houses as have been lawfully 
SCHOOL SITES, (jegignatcd; to build, hire, or purchase such school 

houses as may be necessary, out of the fund pro- 
vided for that purpose; and to make sale of any site or other 
property of the district, when lawfully directed by the quali- 
fied voters (5060). 

3. To estimate the amount necessary to be raised, in addition 

to other school funds, for the entire support of 
BE raiseV° such schools, including teachers' wages, fuel, and 
other incidental expenses, and for deficiencies of 
the previous year for such purposes. In districts having less 
than thirty scholars, such estimate, including the district's 
share of the primary school interest fund and one-mill tax, 
must not exceed the sum of fifty dollars a month for the period 
during which school is held in such district; and when such 
amount has been estimated and voted by the district board, it 
is reported for assessment and collection, the same as other dis- 
trict taxes. When a tax has been estimated and voted by the dis- 
trict board under the provisions of this section, and 
MONEY."*'* is needed before it can be collected, the district 
board may borrow to an amount not exceeding 
the amount of said tax (5061). . 

4. Between the first and third Mondays in September in 
ANNUAL RE- cach ycar, to make out and deliver to the town- 
TowNSHip ship clerk of each township in which any part of 
CLERK. the district is situated, a report in writing 
of all taxes voted by the district during the preceding 
year, and of all taxes which said board is authorized to 
impose, to be levied on the taxable property of the district 
(5062). 



44 SCHOOL LAW 

5. To apply and pay over all school moneys belonging to the 
SCHOOL district, in accordance with the provisions of law 
FUNDS. regulating the same. 

6. To present to the district at each annual meeting, a report 

in writing containing an accurate statement of all 
PQp"*oo^'. moneys of the district received by them during 
TRicT. the preceding year, and of the disbursements made 

by them, with the items of such receipts and disbursements, 
such report to contain a statement of all taxes assessed upon 
the taxable property of the district during the preceding year, 
the purposes for which such taxes were assessed, and the 
amount assessed for each particular purpose. Said report is 
entered by the director in the records of the district (5064). 

7. To hire and contract with such duly qualified teachers as 

may be required, all contracts to be in writing 
WITH TEACH- ^^^ slgued by a majority of the board on behalf 
ERs. of the district (5065). 

8. To have the care and custody of the school house and 

other property of the district, except so far as the 
SCHOOL same, by vote of the district, be specially confided 

PROPERTY, to the custody of the director, including all 
books purchased for the use of indigent pupils; to open 
the school house for public meetings, unless by a vote at a 
district meeting it shall be determined otherwise : Provided, 
That said board may exclude such public meetings during the 
five school days of each week of any and all school terms, or 
such parts thereof as in their discretion they may deem for the 
best interest of the schools (5066). 

9. To specify the studies to be pursued in the schools of the 
district (5067). 

10. On making a selection of text-books, to keep a record 

thereof in their proceedings; and text-books once 
TEXT-BOOKS adoptcd shall not be changed within five years, 
ADOPTED. except by the consent of a majority of the qual- 
ified voters of the district present at an annual meeting or at 
a special meeting called for that purpose. 



OF MICHIGAN. 45 

11. To require each teacher in the public schools of such 

district, before placing the school register in the 
IN PHYSIOLOGY h^nds of thc director, to certify therein whether 
AND HYGIENE, qj. jjq^ rcqulrcd instruction in physiology and 
hygiene has been given in the school or grade presided over by 
such teacher; and it is the duty of the director of the district 
to file with the township clerk a certified copy of such certifi- 
cate. Any school board neglecting or refusing to comply with 
this requirement is subject to fine or forfeiture, the same as for 
neglect of any other duty pertaining to the office. This 
applies to all schools in the state, including schools in cities or 
villages, whether incorporated under special charter or under 
the general laws (Act 165, 1887). 

12. To purchase at the expense of the district, such text- 

books as may be necessary for the use of children, 
TEXT-BOOKS, whcu parcuts are not able to furnish the same, and 

to include the amount of such purchase in the 
report to the township clerk or clerks, to be levied in like man- 
ner as other district taxes (5068). 

13. To have the general care of the school, and to make and 

enforce suitable rules and regulations for its 
SUSPENSION^" government and management, and for the pre- 
servation of the property of the district. Said 
board may authorize or order the suspension or expulsion from 
the school of any pvipil guilty of gross misdemeanor or per- 
sistent disobedience, whenever, iu its judgment, the interests 
of the school demand it (5069). (See also Chap. X.) 

14. To admit to the district school non-resident pupils, in its 

discretion, and to determine the rates of tuition of 
dent'pupils. such pupils and collect the same, which tuition 

shall not be greater than fifteen per cent more 
than the average cost per capita for the number of pupils of 
school age in the district (Act 131, 1895). 

15. To have charge of any library which may have been es- 



46 SCHOOL LAW 

tablished in the district (5143). It may also do- 
'uBR^Ry°'^ nate or sell any library book or books belonging to 

the district, to the board of school inspectors of 
the township or townships in which the district is wholly or 
partly situated (5148). 

16. To purchase text books for all the pupils of the district, 
FREE TEXT- when authorized by the voters of the district (Act 

BOOKS. j4^^ jgg(^)_ 

17. To purchase a flag and flag-staff for each school house, 
such flag not to be smaller than four feet two inches by eight 
feet (Act 56, 1895). 

Board of Education of Graded Schools. 

The graded school board is composed of five members elected 
at the annual meeting for a term of three years. At the time 
of the organization into a graded district, one member is elected 
for a term of one year, two for terms of two years, and two for 
terms of three years. 

As in the case of officers of primary districts, these school 
officers must be elected by ballot and hold office 
HOW ELECTED, ^^^y]^ their successors are elected and qualified. A 
majority vote is also necessary. The board elects 
from its own number the director, moderator, and assessor for 
one year.* In case of a failure of the board to agree in the 
appointment of its officers, the school inspectors of the town- 
ship or city are authorized to make the appointment (5133). 

POWERS AND DUTIES. 

Besides having the same powers that are possessed by school 

* Note.— Many times in districts organized by special enactment 
school officers are known by other titles; as president, secretary and 
treasurer. Unless such special acts plainly prescribe the duties of such 
officers, the duties belonging to the moderator, director, and assessor 
are performed by the president, secretary, and treasurer, in the order 
named respectively. 



OF MICHIGAN. 47 

officers of primary school districts, the officers of graded dis- 
tricts are authorized: 

1. To classify and grade the pupils attending school in 

such district, and cause them to be taught in such 
OF SCHOOL. schools or departments as they may deem expe- 
dient (5134). 

2. To establish in such district a high school, when ordered 

by a vote of the district at an annual meeting, and 
ADwIilfsroN. to determine the qualifications for admission to 

such school and the fees to be paid for tuition in 
any branches taught therein; Provided, That, when the parents 
or guardians of non-resident pupils pay a school tax in said 
district, the same shall be credited on their tuition a sum not 
to exceed the amount of such tuition, and they shall only be 
required to pay tuition for the difference between the amount 
of the tax and the amount charged for tuition (Act 21, 1891). 

3. To audit and order the payment of all accounts of the 

the director for incidental or other expenses 
accou'nts?'' incurred by him in the discharge of his duties; 

but no more than fifty dollars may be expended 
by the director in any one year for repairs of the buildings or 
appurtenances of the district property, without the authority 
of the board of trustees. 

4. To employ all qualified teachers necessary for the several 

schools, to determine the amount of their compen- 
^"^^"^^jl^^^. sation, and to require the director and moderator 
ERs. to make contracts with the same on behalf of the 

district, in accordance with the provisions of law concerning 
contracts with teachers. 

5. To employ such officers and servants as may be necessary, 

for the management of the schools and school 
j^ANiTORs &c. property, and to prescribe their duties and fix 
their compensation (5134), 



48 , SCHOOL LAW 

Board of Education of lownsMj) Districts. 

The board of edncation of a township district consists of two 
trustees, with the clerk and schoel inspectors of 
HOW ELECTED, ^j^^ township. Said trustees are elected by ballot 
at the annual township meeting of the township, 
upon the same ticket and canvassed in the same manner as the 
vote for township officers. Within five days after the annual 
election the township clerk is required to give written notice 
of their election to the persons elected trustees, and within five 
days thereafter said trustees so elected shall take and subscribe 
the oath of office prescribed by the constitution of this state, 
before any officer authorized to administer oaths, and file the 
same with the township clerk. 
The term of office of the trustees of said district commences 
on the second Monday following the annual town- 
OFFICE?'' ship election at which they are elected, and con- 

tinues for two years and until their successors are 
elected and qualified. 

ORGANIZATION. 

The members of the board of education meet on the third 

Monday of April of each year, at the office of the 

township clerk, and organize. The school inspector 

of the township whose term of office will soonest 

expire, is president of the board and entitled to vote in all 

cases. In the absence of the president at any meeting, a 

majority of the members present may choose one of their own 

number president pro tem. 

The township clerk of said township is ex officio clerk of 

said board of education and entitled to vote. In 

case of the absence of said clerk, the board may 

choose some suitable person to perform his duties. 

The board on said third Monday of April in each year elects 

from its own number a treasurer, who holds his 

TREASURER. Qfggg fQj. Qjjg year and until his successor is 

elected and qualified, The board may at any tim^ 



OF MICHIGAIS". 49 

fill a vacancy iu the office of treasurer; Provided, That the 
person appointed to fill a vacancy in the office of treasurer 
shall hold the office for the unexpired portion of the term only. 
The treasurer of said board within five days after his appoint- 
ment must file with the clerk of the board the constitutional oath 
of office. He must also, before entering upon the duties of his 
office, give a bond to said district in such sum and with such 
sureties as said board shall determine and approve, conditioned 
for the faithful performance of his duties, and must honestly 
account for all moneys coming into his hands belonging to 
said district. He has the keeping of all school and library 
moneys, and can not pay out the same without the authority 
of the board upon warrants or orders drawn upon him, signed 
by the clerk and countersigned by the president. 

MEETINGS. 

The regular meetings of the board are held on the third Mon- 
day of April, August, and December in each year. 
]sq^Q notice of such meeting is required. Any two 
members is sufficient to adjourn any meeting from 
time to time until a quorum is present. 
Special meetings of the board may be called at any time on 
the request of the president, or any two members 
SPECIAL. thereof, in writing, delivered to the clerk, and the 

clerk upon receiving such request shall at once 
notify each member, if within the district, of the time of hold- 
ing such meeting, which shall be at least three days subsequent 
to the time of receiving such request by the clerk. 
All meetings of the board shall be held at the township 
clerk's office, unless otherwise ordered by a resolu- 
wHEREHELD. ^j^^^ ^j ^^^ board ; and all records and papers of 
the district shall be kept in the custody of said 
clerk and shall be open to the inspection of any taxpayer of 
said district. 



50 SCHOOL LAW 

POWERS AND DUTIES, 

All the duties required of school inspectors, in townships 
organized under the primary school law, are performed by the 
township board of education. The township board of inspec- 
tors, therefore, has no separate existence in such townships. 
The following are the principal duties of township school 
officers: 

1. To designate and purchase school house sites. 

2. To erect buildings and furnish the same. 

3. To employ legally qualified teachers. 

4. To provide books for district library. 

5. To make by-laws relative to the taking of the school census. 

6. To make all necessary reports and transmit the same to 
the proper officers. 

7. To make needful regulations and by-laws relative to school 
visitation, length of school terms, and purchase of books for 
indigent children (Act 176, 1891). 

Director. 

The director is the chief officer of the primary district and 
upon him falls much of the labor and responsibility of the dis- 
trict board. We give below many of his principal duties: 

1. To act as clerk, when present, of all meetings of the dis- 
trict and of the board. 

3. To record the proceedings of all district meetings, and the 
minutes of all meetings, orders, resolutions, and other proceed- 
ings of the board, in proper record books. 

3. To give the prescribed notice of the annual district meet- 
ing, and of all special meetings. 

4. To draw and sign warrants upon the township treasurer 
for all moneys raised for district purposes or apportioned to 
the district by the township clerk, and orders upon the assessor 
for all moneys to be disbursed by the district, and to present 
them to the moderator, to be countersigned by that officer. 



OF MICHIGAN-. 51 

Each order shall specify the object for which and the fund 
upon which, it is drawn. 

5. To draw and sign all contracts with teachers, when 
directed by the district board, and present them to the other 
members of the board for further signature. 

6. To provide, in his discretion, the necessary appendages 
for the school house, and keep the same in good condition and 
repair during the time of school. (See also Chap. X.) 

7. To keep an accurate account of all expenses incurred by 
him as director, such account to be audited by the moderator 
and assessor and, on their written order, to be paid out of any 
money provided for the purpose. 

8. To present at each annual meeting an estimate of the ex- 
penses necessary to be incurred during the ensuing year by 
the director, and for payment of the services of any district 
officer. 

9. To preserve and file copies of all reports made to the 
school inspectors; and safely to preserve and keep all books, 
papers and other documents belonging to the office of director 
(or to the district, when not otherwise provided for) and to de- 
liver the same to his successor in office. 

10. To take a census of the district within the ten days next 
previous to the first Monday in September in each year. This 
work may be done by any person appointed by the district 
board. 

11. At the end of the school year and previous to the second 
Monday in September in each year, to deliver to the town- 
ship clerk, to be filed in his office, a report to the board of 
school inspectors of the township, showing: 

(a) The whole number of children belonging to the district 
between the ages of five and twenty years, according to the 
census taken as aforesaid. 

(&) The number attending school during the year under five, 
and also the number over twenty years of age. 



52 SCHOOL LAW 

(c) The number of non-resident pupils of the district that 
have attended school during the year. 

(d) The whole number that have attended school during the 
year, 

(e) The length of time the school has been taught during the 
year by a qualified teacher, the name of each teacher, the 
length of time taught by each, and the wages paid to each. 

(/) The average length of time scholars, between five and 
twenty years of age, have attended school during the year, 

(g) The amount of money received from the township treas- 
urer and apportioned to the district by the township clerk. 

(h) The amount of money raised by the district, and the 
purposes for which it was raised. 

(^) The kind of books used in the school. 

(j) Such other facts and statistics in regard to the schools 
and the subject of education, as the Superintendent of Public 
Instruction shall direct. 

13. In fractional districts to make an annual report to the 
clerk of the township in which the school-house is situated, 
and also to report to the clerk of each township in which the 
district is in part situated, the number of children between 
the ages of five and twenty years living in that part of the 
district lying in such township (5073). 

13. To perform such other duties as may be required of the 
director by law or by the district board. 

Moderator. 

It is the duty of the moderator of each school district: 
1. To preside, when present, at all meetings of the district 
and of the board. 

3. To countersign all orders legally drawn by the director 
upon the assessor for moneys to be disbursed by the district, 
and all warrants of the director upon the township treasurer 
for moneys raised for district purposes, or apportioned to the 
district by the township clerk. 



OF MICHIGAN". 53 

3. To cause an action to be^fprosecuted in the name of the 
district on the assessor's bond, in case of any breach of any 
condition thereof. 

4. To perform such other duties as may be required of the 
moderator by law. 

Assessor. 

It is the duty of assessor of each school district: 

1. To execute to the district and file with the director, within 
ten days after his election or appointment, a bond in double 
the amount of money to come into his hands as such assessor 
during his term of office, as near as the same can be ascer- 
tained, with two sufficient sureties, to be approved by the 
moderator and director, conditioned for the faithful applica- 
tion of all moneys that shall come into his hands by virtue of 
his office, and to perform all the duties of his said office as 

required by the provisions of this act. Said bond 
^°^°- shall be filed with the director, and in case of 

any breach of the condition thereof, the moder- 
ator shall cause a suit to be commenced thereon in the name 
of the district, and any moneys collected thereon shall be paid 
into the township treasury, subject to the order of the district 
officers, and shall be applied to the same purposes as the 
moneys lost should have been applied by the assessor, 

2. To pay all orders of the director, when lawfully drawn 
and countersigned by the moderator, out of any moneys in his 
hands belonging to the fund upon which such orders may be 
drawn. 

3. To keep a book in which all the moneys received and dis- 
bursed shall be entered, the sources from which the same have 
been received, and the persons to whom and the objects for 
which the same have been paid. 

4. To present to the district board at the close of the school 



54 SCHOOL LAW 

year a report in writing, containing a statement of all moneys 
received during the preceding year and of each item of dis- 
bursements made, and exhibit the voucher therefor. 

5. To appear for and on behalf of the district in all suits 
brought by or against the same, when no other directions shall 
be given by the qualified voters in district meeting, except in 
suits in which he is interested adversely to the district; and in 
all such cases the moderator shall appear for such district, if 
no other direction be given as aforesaid. 

6. At the close of his term of office to settle with the district 
board, and deliver to his successor in office all books, vouchers, 
orders, documents, and papers belonging to the office of assess- 
or, together with all district moneys remaining on hand. 

7. To perform such other duties as may be required of the 
assessor by law. 



OF MICHIGAI^. 55 



CHAPTER VI. 
TEACHERS. 

Legal Qualifications. 

No contract with any person not holding a legal certifi- 
cate of qualification authorizing him to teach, is valid; and 
all contracts with a person holding a legal certificate termi- 
nates, if the certificate expire by limitation and is not immedi- 
ately renewed (5065). All persons who expect to teach must 
procure the necessary certificate from some duly constituted 
authority. There are several ways by which teachers may re- 
ceive certificates. We first mention those granted by the 
county board. 

COUNTY CERTIFICATES. 

The regular examinations of teachers in all counties of the 

state are held at the county seats on the last Thurs- 
AMiNATioNs." ^ay aud Friday of March, and the third Thursday 

and Friday of August in each year. In nearly all of 

the counties are held two other regular public examinations 

on the third Thursdays and Fridays of June and October in 

each year. 

Examiners in counties containing more than one hundred 

fifty school districts, may hold one other pub- 
I NATIONS. " lie examination for each twenty -five districts 

in the county. By this plan the counties of Kent 
and Oakland are entitled to three extra examinations; the 
counties of Allegan and Lenawee to two; and the counties of 
of Berrien, Genesee, Hillsdale, Jackson, Saginaw, St. Clair, 



56 SCHOOL LAW 

Van Buren, Washtenaw, and Wayne to one. The dates for 
such extra examinations are fixed on the third Fridays of 
February, April, and September (Act 66, 1895). 
Three grades of county certificates are granted, as follows: 
First grades are granted from the examinations of March 
and August and are valid for four years. The ex- 
cEffTiFicATE. amiuatiou is in algebra, botany, geometry, general 
history, physics, arithmetic, grammar, United 
States history, civil government, geography, reading, penman- 
ship, orthography, school law, theory and art of teaching, 
physiology and hygiene with reference to the effects on the hu- 
man system of alcoholic drinks, stimulants, and narcotics. 

All county certificates must be signed by the commissioner 
and at least one examiner (Act 34, 1893). 

Without the indorsement of the Superintendent of Public 
Instruction, first grade certificates are valid only in counties 
where granted. 
To secure this indorsement the papers written by successful 
applicants must be forwarded by commissioners 
MENT.^^' within ten days to said superintendent for exam- 
ination and approval. If he approves and signs 
the certificate, it becomes valid throughout the state. 
Second grades are granted from the four regular examina- 
tions and are valid throughout the county where 
cERxmcATE:"^ granted for three years. Candidates may select 
any two of the four studies — algebra, botany, gen- 
eral history, and physics — and are required to write on all the 
other branches excepting geometry. 
Third grades are granted from any public examination and 
are valid throughout the county where granted 
CERT°F?CATE^ ^^r ouc ycar. The branches required in an exam- 
ination for a third grade certificate are all those, 
excepting the first five mentioned, in the first grade list. 
For the purpose of limiting the number of third grade certifl- 



OF MICHIGAN". 57 

cates which may be granted to a person in the pub- 
A AND B. lie schools, third grade certificates are divided into 

two classes known as A and B. Certificates of 
class A are granted to teachers of three years experience in 
primary department (first four grades) of graded schools. 
Certificates of this class license the holder to teach only in 
primary departments. The number which may be granted to a 
person is not limited. Certificates of class B are the regular third 
grade certificates and license the holder to teach in any school 
of the county; but no more than three certificates of this class 
can legally be granted to the same person (Act 34, 1893). The 
purpose of this law is to require teachers to progress and secure 
higher grades of certificate. The questions for these two 
classes of third grade certificates vary somewhat to correspond 
with the kind of work required of the teachers. 
All questions for county examinations are prepared by the 

Superintendent of Public Instruction and furnished 
QUESTIONS. to the commissioner under seal, to be opened in 

the presence of the candidates for certificates. 
The standard of examinations to be followed is left entirely 

to the discretion of the examining board, so that 
EXAMINATION. ^^^ succcss Or failure of applicants depends more 

on the closeness or liberality of the marking than 
upon the character of the questions furnished. 
Besides the certificates mentioned, the county commissioner 

has power, upon personal examination satisfactory 
CERTIFICATES. ^^ himsclf or herself, to grant certificates which 

shall license the holder thereof to teach in a speci- 
fied district for which it is granted; but such certificate does 
not continue in force beyond the time of the next public ex- 
amination, and in no case can a second special certificate be 
granted to the same person, and it does not in any way exempt 
the teacher from a full examination (Act 34, 1895). The object 
of a special certificate is to bridge over the time between the 
commencement of a school term and the next meeting of the 
examining board (71 Mich, 361). 



58 SCHOOL LAW 

Educational qualifications are not the only qualification of 

teachers. After July 4, 1895, no board of exam- 
OF teT/hers. iners can legally grant a certificate tetany person 

who, having arrived at the age of twenty-one 
years, is not a citizen of the United States (Act 66, 1895). The 
law also directs the examining board to grant certificates to 
successful applicants who have attained the age of seventeen 
years (Act 34, 1893). 
The moral character of the applicant is another question 

which examining boards must carefully consider. 
CHARACTER. Certlficatcs may be withheld from persons who, 

though possessing all the educational qualifications, 
are unfit to teach in the public schools. The supreme court, 
in the case of Sturdevant vs. the Board of Examiners, refused 
to interfere with the decision of the examiners, and decided 
that the board was better able to determine the qualifications 
of applicants than the court. From another decision we 
quote, "A man who habitually violated his duty by profanity 
and Sabbath breaking, was of bad moral character" (45 Mich. 
484). 

RENEWALS OP CERTIFICATES. 

The only Michigan law in existence authorizing boards of 
examiners to renew certificates, is the provision found in Act 
No. 34 of the law of 1893. It reads: " The board of examiners 
shall have the right, however, to renew without examination 
the certificates of persons who shall have previously obtained 
an average standing of at least 85 per cent, in all studies cov- 
ered in two or more previous examinations, and who shall have 
been since that examination continuously and successfully 
teaching in the same county." This seems so plain as to 
require no explanation, but numerous inquiries addressed to 
the department of public instruction suggest that it is not 
interpreted alike by teachers and examiners. We, there- 
fore, in the absence of any court decisions, venture the follow- 



OF MICHIGAN. 59 

ing interpretation: 1st. The standings on each certificate must 
average 85 per cent. 2d. The board does not have the right 
under this provision to renew the certificate of an applicant 
who has not been teaching continuously and successfully dur- 
ing the two years just preceding. 3d. The law is simply per- 
missive and not mandatory on the examiners. 

REVOKING OF CERTIFCATES. 

The board of examiners may suspend or revoke any teacher's 
certificate issued by them, for any reason which would have 
justified said board in withholding the same when given — for 
neglect of duty, for incompetency to instruct or govern a 
school, or for immorality — and the said board may, within 
their jurisdiction, for immorality or incompetency to instruct 
and govern a school, suspend the effect of any teacher's certifi- 
cate that may have been granted by other lawful authority: 
Provided, That no certificates shall be suspended or revoked 
without a personal hearing, unless the holder thereof shall, 
after a reasonable notice, neglect or refuse to appear before the 
said board for that purpose (Act 147, 1891). 

CITY CERTIFICATES, 

The officers of every school district which is or shall here- 
after be organized in whole or in part in any incorporated city 
in this state where special enactments shall exist in regard to 
the licensing of teachers, shall employ only such teachers as 
are legally qualified under the provisions of this act: Provided, 
That in cities employing a superintendent, the examination of 
teachers shall be conducted by such superintendent or by a 
committee of the board of education of such school district, 
and certificates issued at such time and in such a manner as 
the Superintendent of Public Instruction and Board of Educa- 
tion in such city shall prescribe. Cities having a special and 
thoroughly equipped normal training department under con- 
trol of a special training teacher, such school having a course 



60 SCHOOL LAW 

of not less than one year, shall be exempt from the provisions 
of this section as to the examination of teachers (Act 66, 1895). 

COLLEGE CERTIFICATES.* 

The state board of education is empowered to grant teachers' 
certificates without examination to any person 
Q° g" „oY who has received a bachelor's, master's, or doctor's 
degree from any college in this state having a 
course of study of not less than four years, actually taught in 
such college, in addition to the preparatory work necessary 
for admission to the university of Michigan, upon a recom- 
mendation from the faculty of such college, stating that in 
their judgment the applicant is entitled to received such cer- 
tificate. Such college must also have a course in the science 
and art of teaching of at least one college year of five and a 
half hours per week, which shall have been taken by said ap- 
licant and shall include a thorough examination by the col- 
lege granting such diploma, aa to qualification and fitness for 
teaching. 
Provided, that if said person furnishes to said board satis- 
factory proof of having successfully taught for 
cERTmcATE. three years in the schools of this state, said certifi- 
cate shall be a life certificate. If such proof is 
not furnished said board, then such certificate shall be for 
four years only, and a life certificate may at any time there- 
after be issued by said board upon the filing of such proof. 
Such certificate shall entitle the holder to teach in any of the 
schools of this state without examination, provided a copy of 
the same is filed or recorded in the office of the legal examin- 
ing officer, or officers of the county, city, township, or district 
in which said person is to teach, and shall be annulled only by 
the state board of education, and by it only for cause. 

It shall be the duty of said board of education carefully to 

* Note. -In June, 1895, the colleges having approved courses were 
Adrian, Albion, Hillsdale, Olivet. 



OF MICHIGATS". 61 

examine any course of study in the science and 
APPRovAL^oF^ art of teaching that may be submitted to it by the 
trustees of any college and, if satisfactory, to fur- 
nish such trustees with a written certificate approving the 
same. If, at any time the said board of education concludes 
that any college, whose graduates may desire to 
OF APPROVAL.*^ receive such certificate, is not giving such instruc- 
tion in the science and art of teaching and in the 
other branches as shall be approved by it, then said board 
shall so determine by a formal resolution and shall give 
notice thereof to the trustees of such college; and thereafter no 
teachers' certificates shall be given by said board to the gradu- 
ates of such college, until said board shall be satisfied that 
proper instruction in the science and art of teaching and in 
other branches is given by such college, and the board shall 
certify such fact to the trustees of such college (Act 136, 1893). 

UNIVERSITY CERTIFICATES, 

The faculty of the department of literature, science, and the 
arts, of the university of Michigan, shall give to 
FACULTY. °^ every person receiving a bachelor's, master's, or 
doctor's degree, or a teacher's diploma for work 
done in the science and the art of teaching from said univer- 
sity, a certificate, which shall serve as a legal certificate of 
qualification to teach in any of the schools of this state, when 
a copy thereof has been filed or recorded in the office of the 
legal examining officer or officers of the county, township, 
city, or district. 
Such certificate shall not be liable to be annulled except by 
the said faculty of the university; but its effect 
OF c'ert^f?-'^ may be suspended in any county, township, city 
CATE. or district, and the holder thereof may be stricken 

from the list of qualified teachers in such county, township, 
city, or district, by the legal examining officer or officers of the 
said county, township, city, or district, for any cause and in 



62 SCHOOL LAW 

the same manner that such examining officer or officers may 
be by law authorized to revoke certificates they have given, 
and such suspension shall continue in force until revoked by 
the authority suspending it (Act 144, 1891). 

STATE CERTIFICATES, 

The state board of education holds two meetings each year, 
at which they examine teachers and grant certificates to such 
as have taught in the schools of the state at least two years, and 
who, upon a thorough and critical examination in every study 
required for such certificate, are found to possess eminent 
scholarship, ability, and good moral character. Such certifi- 
cates, signed by the members of said board, impressed with its 
seal, entitle the holder to teach in any of the public schools of 
this state without further examination, and are valid for life 
unless revoked by said board. No certificate shall be granted 
except upon the prescribed examination (Act 194, 1889). 
The branches required in an examination for state certifi- 
cates are chemistry, zoOlogy, rhetoric, literature, 
EXAwmlifTioN. geology, in addition to those required for first 
grade certificates. 
The said state board of education may, in its discretion, 
endorse state teacher's certificates or normal 
STATES^ "^^ school diplomas granted in other states, if it be 
shown to the satisfaction of such board that the 
examinations required or courses of study pursued are fully 
equal to the requirements of this state (Act 73, 1895). 

Teachers' Institutes. 

All boards or officers authorized by law to examine appli- 
cants for certificates shall collect, at the time of 
ANNUAL FEES, examiuatlon, from each male applicant an annual 
fee of one dollar, and from each female applicant 
an annual fee of fifty cents; and the director or secretary of 
any school board that shall employ any teacher who had not 



OF MICHIGAN". 63 

paid the fee hereinbefore provided, shall collect, at the time 
of making contract, from each male teacher so employed, an 
annual fee of one dollar, and from each female teacher so em- 
ployed, an annual fee of fifty cents. 

All persons paying a fee as required by this section, shall be 
given a receipt for the same; and no person shall be required 
to pay said fee more than once in any school year (5187). The 
requirements of this law apply to all teachers, whether appli- 
cants for certificates or employed by school boards (Atty. 
Gen., March 21, 1884). 
All such fees collected by the director or secretary of any 

school board are paid over to the county commis- 
fund!"^"^^ sioner of schools of the county in which they were 

collected, on or before the fifteenth day of March, 
June, September, and December, accompanied by a list of 
those persons from whom they were collected (93 Mich. , 281). 
And all such fees, together with all those that are collected by 
the county commissioner of schools are paid over by him to 
the treasurer of the county in which they were collected, on 
or before the last day of March, June, September, and Decem- 
ber in each year, accompanied by a complete list of all persons 
from whom said fees were collected; and a like list, accom- 
panied by a statement from the county treasurer that said fees 
have been paid to him, shall be sent by said commissioner to 
the Superintendent of Public Instruction. All moneys paid 
over to the county treasurer as provided by this act, shall be 
set apart as a teachers' institvite fund (5188). 

The Superintendent of Public Instruction shall annually 

appoint a time and place in each organized county 
* E E . ^^j. j^Qj^ijjg g^ teachers' institute, make suitable 

arrangements and give due notice of the same: 
Provided, that in organized counties having less than one 
thousand children between the ages of five and twenty years, 
the holding of the institute shall be optional with the said su- 
perintendent, unless requested to hold such institute by fifteen 



64 SCHOOL LAW • 

teachers of the county in which such institute is to be held. 
However, if there shall not be a sufficient number of teachers 
in any county to make such request, then teachers of ad- 
joining counties who desire to attend such institute may 
unite in the required application to said superintendent. Also, 
the said superintendent may, in his discretion, hold an insti- 
tute for the benefit of two or more adjoining counties, and 
draw the institute fund from each of the counties thus benefited 
(5189). 
The Superintendent of Public Instruction, in case of inability 
personally to conduct any institute or to make the 
CONDUCTOR, necessary arrangements for holding the same, is 
authorized to appoint some suitable person for 
that purpose, who shall be .subject to the direction of the su- 
perintendent. 

Every teacher attending any institute held in accordance 
with the provisions of this act, shall be given by 
OF ATTEN^D-^ the Superintendent of Public Instruction or by the 
ANCE. conductor, a certificate setting forth at what ses- 

sions of said institute such teacher was in attendance; and any 
teacher who closes his or her school in order to attend the 
institute, shall not forfeit his or her wages as teacher during 
such time as he or she attended it, and the certificate provided 
shall be evidence of such attendance (5190), 
For the purpose of defraying the expenses of rooms, fires, 
lights, or other necessary charges, and for pro- 
EXPENSEs? curing teachers and lecturers, the said superinten- 
dent or the person authorized by him to conduct 
the institute, may demand of the county clerk of each county 
for the benefit of which the institute is held (who shall there- 
upon draw an order on the county treasurer of his county for 
such sum) an amount necessary to defray these expenses but 
not exceeding the institute fund in the county treasury; and 
the treasurer of said county is hereby required to pay over to 



OF MICHIGAlSr. 65 

said superintendent or conductor, from the institute fund in 
his hands, the amount of said order (5191). 
In case the institute fund in any county is insufficient to 
defray the necessary expenses of any institute 
STATE AID. held under the provisions of this act, the auditor 
general shall, upon the certificate of the superin- 
tendent that he has made arrangements for holding such insti- 
tute and that the county institute fund is insufiicient to meet 
the expenses thereof, draw his warrant upon the state treas- 
urer for such additional sum as said superintendent shall deem 
necessary for conducting such institute, which sum shall not 
exceed sixty dollars for each institute of five days' duration 
(5191a). 

The superintendent is authorized to hold, once in each year, 
an institute for the state at large, to be denomi- 
i*NST%uTE. nated a state institute; and for the purpose of de- 
fraying the necessary expenses of such institute, 
the auditor general shall, on the certificate of said superintend- 
ent that he has made arrangements for holding such institute, 
draw his warrant upon the state treasurer for such sum as said 
superintendent shall deem necessary for conducting such insti- 
tute, which sum shall not exceed four hundred dollars and 
shall be paid out of the general fund: Provided, That not more 
than eighteen hundred dollars shall be drawn from the treas- 
ury, or any greater liability incurred in any one year, to meet 
the provisions of this law (5192). 
The Superintendent of Public Instruction or the conductor 
drawing money from the county treasurer, shall, 
at the close of each institute, furnish to the county 
treasurer vouchers for all payments from the 
same; and he shall return to the county treasurer whatever of 
the amount may remain unexpended, to be replaced in the 
institute fund (5193). 



66 SCHOOL LAW 



Teachers' Associations. 

Any fifteen or more teachers, or other persons residing in 
" the state, who shall associate for the purpose of 

zation'." promoting education and science and improve- 

ments in the theory and practice of teaching, 
may form themselves into a corporation under such name as 
they may choose, providing they shall have published in some 
newspaper printed at Lansing or in the county in which such 
association is to be located, for at least one month previous, a 
notice of the time, place, and purpose of the meeting for such 
association, and shall file in the office of the secretary of state 
a copy of the constitution and by-laws of said association 
(4385). 

Such association may hold and possess real and personal 

^ property to the amount of five thousand dollars, 

FUNDS. ^^^ ^j^g funds or property thereof shall not be used 

for any other purpose than the legitimate business 

of the association in securing the objects of its corporation 

(4386). 

Upon becoming a corporation, they shall have all the powers 

and privileges and be subject to all the duties of a 

POWERS. corporation (4387). 

teachers' contracts. 

A- teacher's contract must be in writing, and must state the 
wages agreed upon and the length of the term. 
The teacher must be required to keep a correct list of the 
pupils and the age of each attending the school. 
RECORD^" He shall keep a record of the number of days each 
pupil is present, and furnish to the director a cor- 
rect copy of the same at the close of the school. 

The contract must be filed with the director and a duplicate 
FILING OF CON- gopy fumishcd to the teacher (5065). 



OF miohiga:n'. 67 

A contract with a teacher who does not hold a certificate 

that is valid within the county, is void. If the 
TEACHER. "" certificate expires during the period for which the 

contract is given, said contract becomes void, un- 
less the teacher immediately secures a new certificate. The 
word "immediately" in the foregoing sentence should be con- 
strued to mean that the certificate be renewed before the 
teacher continues with the work of the school. 

All contracts for teaching must be construed as subject to 

vacations on legal holidays.* No deduction from 
HOLIDAYS. teachers' wages on account of such vacation can 

be made (39 Mich. 484). Holidays should always 

be counted as days taught. The employment of teacher hy the 

day instead of hy the month or year, does not make it the duty 

of teachers to make up time lost in the observance of holidays. 

If a teacher is employed for a definite time and, during the 

period of his employment, the district officer 
scHooi?s°'' closes the schools on account of the prevalence of 
.contagious diseases and keeps them closed for a 
time, the teacher is entitled to full wages during such period 
(43 Mich. 480; 39 Mich. 484; 62 Mich. 153). In schools closed 
on account of a loss of the school house by fire or storm, the 
teacher can collect his wages (75 Mich. 143). 

Contracts made previous to annual meeting are valid. The 
MADE legislature contemplated that schools should gen- 

ANNUA^L erally open on the beginning of the school year 

MEETING. and that teachers would have to be contracted 
with in season. Neither the newly elected trustees nor the 
voters at the annual meeting, have the power to impair the 
obligation of a contract made before such annual meeting (44 
Mich. 500; 98 Mich. 43; 88 Mich. 374). 

* Note.— The legal holidays In this state are January 1, Febrnary Ji3, 
May 30, July 4, Labor Day, Thanksgiving Day, and Christmas. When- 
ever a legal holiday falls on Sunday, the next day is observed instead . 



68 SCHOOL LAW 

When a contract with a teacher has been agreed upon at a 
board meeting, it is the duty of the director and 
TO CONTRACT, ^hs moderator to sign it. It is not in the power of 
the ofl&cers to defeat the action of the board by 
refusing to sign a contract authorized by it (93 Mich. , 43). A 
contract signed by, two members of the board without calling a 
meeting and consulting with the other member, is void (47 
Mich. , 626). It is not imperative that a contract be signed by 
all three of the officers, and one signed by a majority of the 
board is presumed to be valid, especially if the officers draw 
and pay orders without protest (61 Mich,, 299). It should also 
have the teacher's signature. 
While it is the duty of the director to sign and file a teach- 
er's contract, his refusal to perform his duty in 
contract!'' this respect does not impair the validity of a con- 
tract, if otherwise properly authorized and exe- 
cuted (46 Mich., 316). A contract valid on its face and carried 
with the acquiescence of all concerned, can not be subsequently 
repudiated (62 Mich. 158; 77 Mich. 610). 
Contracts made between the district board and teacher must 
be authorized at a regular meeting of the board 
oR^rzED*"^"' (4'7 Mich., 626). After a contract has been duly 
authorized at a meeting of the board, it may be 
signed at the convenience of the oflicers (30 Mich. , 249). 

No power is now conferred by statute upon the voters at a 
CHOICE OF district meeting, to determine whether the school 
female" shall be taught by a male or a female teacher (88 

TEACHER. Mich., 374). 

All teachers whether qualified or unqualified, are entitled to 
CONTRACTS pay for scrviccs actually performed. The general 
ERs NOT LEG- poHcy of thc school law is that schools shall be 
fi'ed'. ^"*'"'" taught by qualified teachers, but necessities may 
arise where this cannot be done. A district viay be unable to 
find a qualified teacher. \ ^Where the employment of an un- 



OF MICHIGAN. 69 

qualified teacher is a necessity, the school district is authorized 
to employ one who has not the proper certificate, (if the school 
board is satisfied that the teacher is otherwise qualified), and to 
pay such teacher out of the moneys belonging to the district; 
but the primary school moneys and mill-tax cannot be applied 
to that purpose (37 N. W. , 570). The liability of a school dis- 
trict to pay a teacher for services actually rendered, has been 
maintained by the following authorities: 55 Vt , 61; 13 Neb., 
52; 47 Mich., 226; 10 N. W., 349; 61 Mich., 299; 28 N. W., 105. 
Teachers who do not hold a properly signed contract and who 

are permitted by the district board to teach, can 
COLLECT 1>ay!^ collect such wages as a court will allow, which is 

generally the average rate of wages paid in adjoin- 
ing school districts. 

Corporal Punishment. 

Our school law is silent on this subject. The decisions of the 
courts uniformly sustain teachers in the administering of pun- 
ishment to a reasonable degree. Teachers should exercise 
much discretion and punish only when allother methods fail. 
Many of our best educators are opposed to corporal punish- 
ment under any circumstances. Below is given a list of cases 
on which decisions have been made: 4 Gray, Mass., 36; 14 
Johns., Ind., 119; 50 Iowa, 145; 4 Ind,, 291; 19 Vt,, 102; 27 Me. 
266; 32 Vt,, 114; 50 Iowa, 152. 

Extent of Teachers' Aiithority. 

This is a much disputed question. Generally speaking, the 
authority of the teacher does not extend beyond the school 
premises; but conduct of pupils which injures the school and 
has a tendency to bring the teachers' authority into contempt, 
may be dealt with by the teacher, even if outside of school 
house and away from school premises (32 Vt. 114; 31 Iowa, 562). 



70 SCHOOL LAW 



CHAPTER VII. 

COMPULSORY ATTENDANCE AT SCHOOL. 

Michigan has a comprehensive law for compelling children to 
attend school. Previous to 1895 the authority of truant and 
district officers has been limited, and a general enactment was 
passed by the legislature giving additional power to those deal- 
ing with parents who are indifferent concerning the education 
of the children, or with truants who baffle the authority of 
their parents (Act 95, 1895), 

Ages of Gompidsory Education. 

Every parent, guardian, or other person in the state of 
Michigan having control and charge of any child between 
the ages of eight and fourteen years, and in cities between the 
ages of seven and sixteen years, is required to send such 
child to the public school for a period of at least four 
months in each school year (except that, in cities 

NUMBER OF J \ f 1 

MONTHS AT- havlug a duly constituted police force, the attend- 
TEN DANCE. aucc at school shall not be limited to four months), 
beginning on the first Monday of the first term commencing 
in his or her district after September 1, 1895, and of each year 
thereafter. Such attendance must be consecutive, and each 
and every pupil between the ages specified must have attended 
school the entire four months previous to the thirtieth day of 
June in each year. 

PUPILS EXEMPTED. 

1. Those who are being taught in private schools in such 
branches as are usually taught in public schools. 



OF MICHIGAN. 71 

2. Pupils who have already acquired the ordinary branches 
of learning taught in public schools. 

3. Children physically unable to attend school, if such fact 
is certified to by a reputable physician. 

4. Those living more than two miles from any school house. 

Truant Officer. 

The district board or board of education in each school dis- 
trict which has been organized as a graded school 
POINTED.' district or as a township district, previous to the 
tenth day of September of each year, appoints a 
truant officer for the term of one year from and after the first 
Monday of September of each vear. 
In townships whose districts are organized under the primary 
school law, the chairman of the township board 
DISTRICTS. of school inspectors is the truant officer and per- 
forms all the duties of truant officer, so far as the 
provisions of this law applies to the territory over which he 
has jurisdiction. 
In cities having a duly organized police force, it is the duty 
of the police authority, at the request of the school 
" ■ authorities, to detail one or more members of said 

force to perform the duties of truant officer. 
The compensation of the truant officer is fixed in graded 
school districts by the board which appoints, and 
sATioN*!' ^^ townships by the township board; and in no 

case can such compensation be less than one dollar 
and fifty cents per day for time actually employed under direc- 
tion of the district board in performance of his official duties. 
The compensation of truant officers is allowed and paid in the 
same manner as incidental expenses are paid by such boards. 
It is the duty of the truant officer to investigate all cases of 
truancy or non-attendance at school, and to render 
DUTIES. ^Y\ services within his power to compel children 

to attend school; and, when informed of continued 



72 SCHOOL LAW 

non-attendance by any teacher or resident of the school dis- 
trict, he shall immediately notify the persons having control 
of such children that, on the following Monday, such children 
must present themselves with the necessary text-books for 
instruction in the proper school of the district. The notice 
also informs said parent or guardian that attendance at 
school must be consecutive at least eight half days of each 
week until the end of that term, except in cities having a duly 
constituted police force, where attendance in school shall be 
continuous. 

Penalty on Parents. 

In case any parent, guardian, or other person having charge 
of children fails to comply with the provisions of this law, he 
shall be deemed guilty of a misdemeanor and shall, on convic- 
tion, be liable to a fine of not less than five dollars nor more 
than fifty dollars, or by imprisonment in the county or city 
jail for not less than two nor more than ninety days, or by 
both such fine and imprisonment, in the discretion of the court. 

Ungraded Schools. 

In all city school districts having a school census of five 
hundred or more pupils, the school board or ofiScers having in 
charge the schools of such districts may establish one or more 
ungraded schools for the instruction of juvenile disorderly 
persons. They may, through their truant officer and superin- 
tendent of schools, require such children to attend said 
ungraded schools or any department of their graded schools, 
as said board of education may direct. 

Jiivenile Disorderly Persons. 

The following classes of persons between the ages of eight 
and fourteen years, and in cities between the ages of seven and 
sixteen years, are deemed juvenile disorderly persons, and 



OF MICHIGAN. 73 

shall, in the judgment of the proper school authorities, be 
assigned to the ungraded school or schools: 

1. Habitual truants from any school in which they are 
enrolled as pupils. 

2. Children who, while attending any school, are incorrigibly 
turbulent, disobedient, or insubordinate, or are vicious or 
immoral in conduct. 

3. Children who are not attending any school and who 
habitually frequent streets and other public places, having no 
lawful business, employment, or occupation. 

It is the duty of the truant officer, in case of a violation of 
of this law, within one week after having given 
of'law.°'^ the notice to the parent or guardian as specified 
above, to make a complaint for such refusal or 
neglect, against said parent, guardian, or other person having 
the legal charge and control of such child, before a justice of 
the peace in the city, village, or township where the party 
resides, except in cities having recorder's or police court. And 
said justice of the peace, police judge, or recorder's court, shall 
issue a warrant upon said complaint and shall proceed to hear 
and determine the same; and, upon conviction thereof, said 
parent, guardian, or other person, as the case may be, shall be 
punished by the fine and imprisonment above mentioned. It 
is the duty of all school officers, superintendents, or teachers, 
to render such assistance and furnish such information as they 
have at their command, to aid said truant officer in the fulfill- 
ment of his official duties. 

COMMITMENT TO REFORMATORY. 

When, in the judgment of school boards of primary and 
township school districts, or the superintendent of 
coMPLArNT. ^-^y. gg]-^QQig a,nd the truant officer, it becomes cer- 
tain that all legal means have been exhausted in 
their attempts to compel the attendance at school of a juvenile 
disorderly person, the truant officer shall, in case the person in 



74 SCHOOL LAW 

parental relation to the child neglects or refuses to do so, 
make a complaint against such juvenile disorderly person 
before a court of competent jurisdiction, that said child is a 
juvenile disorderly person. 
The justice of the peace or court shall issue a warrant and 

proceed to hear such complaint; and, if said jus- 
sentence, ^jpg ^j ^YiQ peace or court shall determine that said 

child is a juvenile disorderly person, then said 
justice of the peace or court shall thereupon and after consul- 
tation M^ith the county agent of corrections and charities, sen- 
tence such child, if a boy, to the Industrial School for Boys 
at Lansing, for a term not extending beyond the time vrhen 
said child shall arrive at the age of seventeen years, unless 
sooner discharged by the board of control of said institution; 
or, if a girl, to the Industrial Home for Girls at Adrian, for a 
term not extending beyond the time when said child shall 
arrive at the age of seventeen years, unless sooner discharged 
by the board of control of said institution: Provided, That 
the sentence may be suspended, in case of the first offence. 



OF MICHIGAN. 75 



CHAPTER VIII. 

TEXT BOOKS AND LIBRARIES. 

The district board is authorized to specify the studies to be 
pursued in the schools of the district, and each school board 
making a selection of text books for use in the district is directed 
to keep a record of the same. 

Adoption of Text Books. 

Text books once adopted can not legally be changed within 
five years, unless a majority of the voters of the 

ADOPTED^'* district shall consent at a regularly called district 
meeting (5067), If, after five years the school 

board does not make another adoption, the books formerly 

adopted continue to be the legally adopted books of the 

district. 

After a school board has adopted a certain text book and sev- 
eral copies of it have been received and sold to the 

REcoNstDER. patrous, the board has no right to reconsider the 
resolution adopting such book (88 Mich. 371), 

BOOKS FOR POOR CHILDREN. 

The district board may purchase at the expense of the dis- 
trict, such text books as may be necessary for the use of chil- 
dren, when parents are not able to furnish the same; and they 
shall include the amount of such purchase in the report to the 
township clerk or clerks, to be levied in like manner as other 
district taxes (5068). 



76 SCHOOL LAW 



Free Text Boohs.* 

Section 1. From and after June thirtieth, eighteen hun- 
dred and ninety, each school board of the state 
the'boaV D. °^ s^^ll purchase, when authorized, as hereinafter 
provided, the text books used by the pupils of the 
schools in its district in each of the following subjects: 
orthography, spelling, writing, reading, geography, arith- 
metic, grammar (including language lessons), national and 
state history, civil government, and physiology and hygiene; 
but text books once adopted under the provisions of this act 
shall not be changed within five years: Provided, That the text 
book on the subject of physiology and hygiene must be 
approved by the state board of education, and shall in every 
way comply with section fifteen of act number one hundred 
and sixty -five, of the public acts of eighteen hundred and 
eighty-seven, approved June ninth, eighteen hundred and 
eighty-seven, and that all text books used in any district shall 
be uniform in any one subject. 
Sec. 2. The district board of each school district shall select 
the kind of text books on subjects enumerated in 
SELECTED. scctiou ouc, to be taught in schools of their re- 
spective districts: Provided, That nothing herein 
contained shall require any change in text books now in use in 
such district. 
The board shall cause to be posted in a conspicuous place, 

* Note.— We print in full Act No. 147, Public Acts of 1889, which is the 
free text book law of the state. Michigan has nearly 700,000 children of 
school age, about 500,000 of whom are attending school. There are 
about 7,^00 districts in the state; and, up to September, 1894, only about 
400 had availed themselves of the benefits of this law. Let the student 
estimate the cost each year to each pupil, and multiply the amount by 
500,000 to get the estimated yearly cost of text books to the pupils of the 
state. Now, supposing text books can be bought 10 per cent, cheaper, 
and, being actually worn out in the service of the pupils, last 15 
per cent, longer, what would be the saving in each year, if all districts 
furnished free text books? Another question: Should not the sixty- 
fourth and sixty-fifth words in section two be changed from "the first" 
to "each"? 



OF MICHIGAN". 77 

at least ten days prior to the first annual school 
TO VOTERS- meeting from and after the passage of this act, a 

notice that those qualified to vote upon the ques- 
tion of raising money in said district shall vote at such annual 
meeting to authorize said district board to purchase and pro- 
vide free text books for the use of the pupils in said district. 
If a majority of all the voters, as above provided, present at 
svich meeting shall authorize said board to raise by tax a sum 
sufficient to comply with the provisions of this act, the district 
board shall thereupon make a list of such books and file one 
copy with the township clerk and keep one copy posted in the 
school; and due notice of such action by the district shall be 
noted in the annual report to the Superintendent of Public In- 
struction, 
The district board shall take the necessary steps to purchase 

such books for the use of all pupils in the several 
oF*BooKs. schools of their districts, as hereinafter provided. 

The text books so purchased shall be the property 
of the district purchasing the same and shall be loaned to 
pupils free of charge, under such rules and regulations for 
their careful use and return as said district board may establish: 
Provided, That nothing herein contained shall prevent any per- 
son from buying his or her books from the district board of the 
school in which he or she may attend, and that nothing herein 
contained shall prevent any district having once adopted or re- 
jected free text books, from taking further action on the same 
at any subsequent annual meeting. 

Sec. 3. It shall be the duty of the district board of any 

school district adopting free text books provided 
wnTH^DEA^LER. ^^^ ^^ ^^^^ ^^^' ^^ makc & contract with some 

dealer or publisher to furnish books used in said 
district at a price not greater than the net wholesale price of 
such books : Provided, that any district may, if it so desires, 
authorize its district board to advertise for proposals before 
making such contract. 



78 SCHOOL LAW 

Sec. 4. The district board of every school district in the 

state adopting free text books under this act, shall 
MATE oftYx.' inake and prepare annually an estimate of the 

amount of money necessary to be raised to comply 
.with the conditions of this act, and shall add such amount to 
the annual estimates made for money to be raised for school 
purposes for the next ensuing year. Said sum shall be in 
addition to the amount now provided by law to be raised, 
which amount each township clerk shall certify to the super- 
visor of his township to be assessed upon the taxable property 
of the respective districts, as provided by law for raising the reg- 
ular annual estimates of the respective district boards for school 
purposes, and, when collected, shall be paid to the district 
treasurer in the same manner as all other money belonging to 
said district is paid. 
Sec. 5. On the first day of February next after the tax shall 

have been levied, the director of said district may 
WHEN LEVIED. pj.Q(jgg(j jq purchasc the books required by the 

pupils of his district, from the list mentioned in 
section one of this act, and shall draw his warrant, counter- 
signed by the moderator, upon the treasurer or assessor of the 
district for the price of the books so purchased, including the 
cost of transportation. 
Sec. 6. If the officers of any school district which has so 

voted to supply itself with text books, shall re- 
OF "DirrY! ^^^^ or neglect to purchase at the expense of the 

district, for the use of the pupils thereof, the text 
books as enumerated in section one of this act, or to provide 
the money therefor as herein prescribed, each officer or mem- 
ber of such board so refusing or neglecting, shall be deemed 
guilty of a misdemeanor, and, upon conviction thereof 
before a court of competent jurisdiction, shall be liable to a 
penalty of not more than fifty dollars, or imprisonment in the 
county jail for a period not exceeding thirty days, or by both 
' such fine and imprisonment, in the discretion of the court: 



OF MICHIGAN". 79 

Provided, That any district board may buy its books of local 
dealers if the same can be purchased and delivered to the 
director as cheaply as if bought of the party who makes the 
lowest bid to the district board, also that school districts 
in cities organized undier special charters shall be exempt 
from the provisions of this act; but such districts may, 
when so authorized by a majority vote of their district boards, 
submit the question of free text books to the qualified voters 
of said districts. If a majority of the qualified electors vote in 
favor of furnishing free text books, such district boards shall 
have authority to proceed under the provisions of this act (Act 
147, 1889). 

Instruction in Physiology and Hygiene. 

In order that proper instruction be given in the effect on the 

human system of stimulants and narcotics, the 

to'be usED^ legislature has enacted laws which make it the 

duty of school boards to select suitable text books 

in physiology and hygiene, and likewise the duty of teachers to 

give instruction in this branch to all the pupils of the school. 

In addition to the branches in which instruction is now re- 
quired to be given in the public schools, instruction shall be 
given in physiology and hygiene with a special reference to the 
nature of alcohol and narcotics and their effects upon the 
human system. Such instruction shall be given by the aid of 
text books in the case of pupils who are able to read, and as 
thoroughly as in other studies pursued in the same school. The 
text books to be used for such instruction shall give at least 
one-fourth of their space to the consideration of the nature 
and efl'ects of alcoholic drinks and narcotics, and the books 
used in the highest grade of graded schools shall contain at 
least twenty pages of matter relating to this subject. Text 
books used in giving the foregoing instruction shall first be 
approved by the state board of education. 

The district board shall require each teacher in the public 



80 SCHOOL LAW 

schools of such district, before placing the school 
report'^° register in the hands of the director, to certify 

therein whether or not instruction has been given 
in the school or grade presided over by such teacher, as 
required by this law, and it shall be the duty of the director of 
the district to file with the township clerk a certified copy of 
such certificate. Any school board neglecting or refusing to 
comply with any of the provisions of this act, shall be subject 
to fine or forfeiture the same as for neglect of any other duty 
pertaining to their office. This act shall apply to all schools 
in the state, including schools in cities or villages, whether 
incorporated under special charter or under the general laws 
(Act 165, 1887). 

PREVENTION OF COMMUNICABLE DISEASES. 

Although not properly belojiging under the general subject 
of text books, we mention under this head the printed matter 
sent out by the state board of health, quoting Act No. 146 of 
the Laws of 1895, which is brief and explains itself: 

" There shall be taught in every year in every public school in 
Michigan, the principal modes by which each of 
of*heauth!'° th® dangerous communicable diseases are spread, 
and the best methods for the restriction and pre- 
vention of each such disease. The state board of health shall 
annually send to the public school superintendents and teach- 
ers throughout this state, printed data and statements which 
shall enable them to comply with this act. School boards are 
hereby required to direct such superintendents and teachers to 
give oral and blackboard instruction, using the data and state- 
ments supplied by the state board of health. 

Neglect or refusal on the part of any superintendent or 

teacher to comply with the provisions of this law 

com'pIyVith shall be considered a sufficient cause for dismissal 

LAW. from the school by the school board. Any school 

board neglecting or refusing to comply with any of the provi-> 



OF MICHIGAN. 81 

sions of this act shall be subject to a fine or forfeiture, the same 
as for neglect of any other duty pertaining to their office. 
This act shall apply to all schools in this state, including 
schools in cities or villages, whether incorporated under special 
charter or under the general laws," 

Libraries. * 

In the twelfth section of article thirteen of the constitution 
of the state, may be found the following provision for the 
establishment of libraries. 

The legislature shall also provide for the establishment of 
at least one library in each township and city; 
ESTABLISHED. ^^^ all fiues asscssed and collected in the several 
counties and townships for any breach of the 
penal laws, shall be exclusively applied to the support of such 
libraries, unless otherwise ordered by the township board of 
any township, or the board of education of any city: Pro- 
vided, That in no case shall such fines be used for other than 
library or school purposes. 

To carry into effect the above requirement, the legislature 
has from time to time enacted certain laws providing not only 
for libraries in townships, but in school districts. 

TOWNSHIP LIBRARIES. 

The law contemplates that a library shall be maintained in 
every organized township. The library is the property of the 
township, and all actions relating to township libraries are 
brought in the name of the township (5136). All persons who 
reside within the township have an equal right to the privileges 
of the library, excepting those who reside in districts that 
maintain a district library (5137). 

The care of the township library is entrusted to the town- 
CABE OF ship board of school inspectors. The inspectors 

library!'' ^^6 held accountable for the proper care and pre- 
servation of said library, prescribe rules and 
6 



83 SCHOOL LAW 

regulations concerning the same, may appoint a librarian 
whose term of office is one year, assess and collect fines for 
loss or injury of books, keep the books at some central or eligi- 
ble place, and make annual reports to the Superintendent of 
Public Instruction giving such facts and statistics as said 
superintendent may require. 

DISTRICT LIBRARIES. 

Any school district, by a two-thirds vote at any annual 
meeting, may establish a district library. Such districts are 
entitled to an equitable proportion of the books from the town- 
ship library, and also to a proportionate share of the library 
money of the township. 

District boards have charge of district libraries, and are sub- 
ject to the same rules and regulations as to 
D*sTR?cT ^^^^ of ^^^ library as are the township inspectors 

LIBRARY. (Act 158, 1893). 

ANNUAL ADDITION TO LIBRARIES. 

The annual report of the, Superintendent of Public Instruc- 
tion is furnished to every township and district library. 

LIBRARY FUNDS. 

The clear proceeds of all fines for any breach of the penal 
laws of this state and for penalties, or upon any 
library"^ recognizance in criminal proceedings, and all 
FUNDS. equivalents for exemption from military duty, 

when collected in any county and paid into the county treas- 
ury, together with all moneys heretofore collected and paid 
into said treasury on account of such fines or equivalents, 
which are not already apportioned, shall be apportioned by 
the county treasurer among the several townships in the 
county before the first day of June in each year, according 
to the number of children therein between the ages of five 
and twenty years, as shown by the statement of the Superin- 



OF MICHIGAN". 83 

tendent of Public Instruction; and this money shall be exclus- 
ively applied to the support of the township and district libra- 
ries, and to no other purpose (Act 15, 1895). 
The qualified voters of each township have power at any 
annual township meeting, to vote a tax for the 
OF t'ax. support of township libraries; and the qualified 

voters of any school district, in which a district 
library has been established, have power at any annual meet- 
ing of such district, to vote a district tax for the support of the 
district library. When any tax for libraries has been voted, it 
is reported to the supervisor, levied, and collected in the same 
manner as other township and school district taxes (5147). 
The Superintendent of Public Instruction annually and pre- 
vious to the tenth day of May, transmits to the 
APPORTION- clerk of each county a statement of the townships 
"^'^^" in his county that are entitled to receive library 

moneys, giving the number of children in each of such town- 
ships between the ages of five and twenty years, as appears 
from the reports of the boards of school inspectors for the 
school year last ending; the clerk files such statement in his 
office, and furnishes a copy of the same to the county treasurer 
(5145). The statements also indicate the various districts of 
the townships that are entitled to receive a portion of the 
moneys apportioned to the townships. 

In case the board of school inspectors of any township or 
district board of any school district, fails to make 
FORFEITURE, ^hc required report, or in case it appears from 
the reports so made that any township or district 
has failed to use the library money in strict accordance with 
the law, such township or district forfeits its share of the 
library moneys that are apportioned, and the same shall be 
apportioned to the several other townships and districts in the 
county. The constitution has provided that library moneys 
may be used for general school pui-poses, if the township board 
shall so determine (Art. 11, section 12). 



84 SCHOOL LAW 



CHAPTER IX. 

SCHOOL REVENUES. 

The moneys used for the support of the comtnon schools are: 
1. The interest from the primary interest fund. 
3. The one-mill tax. 

3. District school taxes. 

4. Unappropriated dog tax. 

5. Library moneys.* 

6. Tuition of non-resident pupils. 

Primary School Fimd. 

The establishment of this fund has been referred to in the 

first chapter of this book, and we give in this chapter a few 

facts concerning its distribution. 

The fund is divided among the school districts of the state in 

proportion to the number of school children in 

HOW DIVIDED. Q^^Yi, Statements showing the number of school 

children in each county, township, and district of 

the state are sent by the Superintendent of Public Instruction 

to the several county clerks, between the first and tenth days 

of May and November of each year. 

The money is transferred by the state treasurer to the county 

treasurer, by him to the township or city treasurer, 

HOW TRANS- who, in turn, transmits it to the assessor of the 

FERRED. district (5039, 5030). 

Primary money can be used for no other purpose than the 

payment of the wages of legally qualified teachers 

HOW USED. (5063), and only by districts in which five months 

* Note.— This fund lias been fully discussed in Chapter "VIII. 



OF MICHIGAN". 85 

of school were maintained during the school year ending the 
first of September just preceding (Act 15, 1895). 

One-Mill Tax. 

The supervisor assesses upon the taxable property of his 
township one mill upon each dollar of valuation, 
RAISED. ^^^ reports the aggregate valuation of each dis- 

trict to the township clerk, who reports said 
amount to the director of each school district in his township, 
or to the director of any fractional scljool district a portion of 
which may be located in the township, before the first day of 
September of each year; and all moneys so raised are appor- 
tioned by the township clerk to the district in which it was 
raised. 
All money collected by virtue of this law during the year 
on any property not included in any organized 
UNORGANIZED dlstrlct, or in districts not having, during the pre- 
DisTRicTs. vious school year, three months' school in districts 
of less than thirty children, or five months' school in districts 
of thirty and less than eight hundred children, or nine months' 
school in districts of eight hundred or more children, as shown 
by the last school census, is apportioned to the several other 
school districts of said township, in the same manner as the 
primary school interest fund. All moneys accruing from the 
the one-mill tax in any township, before any district shall have 
a legal school therein, belongs to the districts in which it was 
raised, when they shall severally have had a three months' 
school by a qualified teacher (5091). 
The voters of the district have authority to appropriate any 
surplus moneys arising from the one-mill tax, 
MONEYS. after having maintained a school in the district at 

least eight months in the school year, for the pur- 
pose of purchasing and enlarging school sites, or for building 
or repairing school houses, or for purchasing books for library, 



86 SCHOOL LAW 

globes, maps, and other school apparatus, or for any incidental 
expenses of the school (5052). 

District Taxes. 

^ These are moneys which are voted by the qualified voters of 
the district for general school purposes. The student is re- 
ferred to that part of this book which relates to the powers 
of voters at district meetings for information concerning the 
raising of money by vote of the district. 
After a tax has been voted, it is the duty of the supervisor to 

assess the taxes chargeable against each district, 
LECTED. ' upon the taxable property of the district, and to 

place the same on the township assessment roll in 
the column for school taxes; and the same is collected and re- 
turned by the township treasurer in the same manner as town- 
ship taxes. If any taxes provided for by law for school pur- 
poses are not assessed at the proper time, the same are assessed 
in the succeeding year (5090). 

Surplus Dog Tax. 

The statutes provide for an annual tax of one dollar upon 
every male dog and of three dollars upon every female dog. 
The money thus obtained constitutes a fund for the payment 
of damages sustained by owners of sheep, by reason of having 
sheep killed or injured by dogs. 

If money remains of such fund (after satisfactory payment 
of all claims aforesaid in any one year) over and 
ment!^'°''" above the sum of one hundred dollars, it is appor- 
tioned among the several school districts of such 
township or city, in proportion to the number of children 
therein of school age. The apportionment must be based upon 
the whole number of children of school age residing in the 
township and must include all districts whether lying wholly or 
partly in such township. In case of a fractional district in 



OP MICHIGAN. 87 

which the school-house is situated in a different township, the 
money belonging to such district must be paid over to the 
treasurer of the township in which the school house is situated, 
and by that treasurer paid to the district in the same way as 
in the case of the one-mill and other taxes (2128). 

Tuition. 

All persons above five years of age who are residents of any 
school district, have an equal right to attend any 
pupiLsr^ public school in the district. No separate school 
can be maintained at public expense for any per- 
son on account of race and color (5070). Persons who are 
more than twenty years of age are not barred from the priv- 
ileges of school,and no tuition should be charged to such persons. 
Resident pupils should have an equal right to all the benefits 
of the school, and should be allowed to study any branch in 
any grade to 'which they belong, without paying tuition 
(Att'y Gen'l, November 17, 1891). 

The board of education has authority to determine the grada- 
tion and classification of pupils, and may prescribe 
cArfori'^oF the particular department or building where cer- 
pupiLs. tain pupils shall attend. 

The district board may admit non-resident pupils, and shall 
determine the rate of tuition of the same, which 
dentVupils. tuition shall not exceed fifteen per cent, more 
than the average cost per capita for resident pupils. 
(Act 131, 1895). It is sometimes supposed that the voters of 
the district meeting have power to exclude non-resident pupils, 
but this power rests entirely with the school board. 

Non-residents who pay a school tax in a district, are entitled 

to have the amount of such tax credited on their 

dent'tax- tuition and are required to pay tuition only when 

PAYERS. the amount of such tuition exceeds the school tax. 

(Act 21, 1891). 



88 SCHOOL LAW 

The rate of tuition to be charged foreign pupils, must be 

fixed by a resolution of the board, which must be 
TumoN. duly entered in the record of the district. Charges 

for tuition can not be collected in the absence of 
any resolution fixing the rate (35 Mich., 483). 
. Where a party resides in one district and rents a farm in 

another, he is not entitled to send his children 
of'far'ms ^^ ^^^ district school in which he rents the farm 

(Att'y Gen'l, Sept. 16, 1893). 
Children in alms houses at county expense must be ad- 
iNDiGENT mitted to the schools of the district, the county 
CHILDREN. paying the tuition (Act 131, 1895). 
Under the various provisions of the school law, the authority 

of a district to vote a tax upon its inhabitants is 
onuTHOR-^ carefully limited; and there is no law authorizing 
iTY. a district to assess a tax to educate its children 

outside of the district (Att'y Gen'l, Oct. 16, 1891). 



OF MICHIGAN. 89 



CHAPTER X. 
MISCELLANEOUS PROVISIONS. 

Introduction of tlie Kindergarten. 

In addition to the duties imposed by law upon district boards 
in this state, they are also empowered to provide suitable rooms 
or apartments for kindergarten work, and to supply their 
districts with the necessary apparatus and appliances for the 
instruction of children in what is known as the kindergarten 
method. 
In the employment of teachers it is competent for district 
boards to require qualifications for instruction of 
TtACHERs. children in kindergarten methods. They may 
provide by contract with teachers for such instruc- 
tion, specifying the hours and times therefor under such rules 
as the district board may prescribe. 
All children residing within the district between the ages of 
four and seven are entitled to instruction in the 

WHO ARE EN- 
TITLED TO ITS kindergarten department. This act is applicable 

^'^^^^ to every public school organized by special act or 

by charter (Act 119, 1891). 

Necessary Appendages. 

The director of the district is authorized by law 
ofdi'r'ector. to provide necessary appendages for the school 
house and to keep the same in good condition and 
repair during the time of school (5073). In this duty the direc- 
tor is independent of the vote of the district meeting, yet there 
has been much controversy as to where the authority of the 



90 SCHOOL LAW 

director ends, or what he may purchase without the consent 
of the district. 
To settle this question so far as a few of the more needful 
pieces of apparatus are concerned, the legislature 

WHAT ARE 'CD 

NECESSARY of 1895 made an amendment to the section above 
APPENDAGES. j.gfgj.j.g(j to. It reads as follows: Necessary ap- 
pendages within the meaning of the law, shall consist of the 
following articles, to wit: a set of wall maps (the grand divis- 
ions, the United States, and Michigan) not exceeding twelve 
dollars in price; a globe not exceeding eight dollars; a diction- 
ary not exceeding ten dollars (Act 258, 1895); a reading chart 
not exceeding five dollars, and a case for library books not 
exceeding ten dollars; also looking-glass, comb, towel, water- 
pail, cup, ash-pail, poker, stove, shovel, broom, dustpan, duster, 
wash-basin, and soap (Act 15, 1895). It must not be supposed 
that only the articles mentioned in the law of 1895 should be 
considered as necessary apparatus such as the director has the 
right to purchase. Numerous decisions have been filed which 
show that directors have power to provide other useful ap- 
pliances without obtaining authority from the district meeting. 

* The word " appendage " as used in our school statutes, does 
not mean simply the school apparatus used inside the building, 
nor is it limited to such articles as brooms, pails, cups, etc.; 
but it must be construed in a broader sense, to include fuel, 
fences, and necessary out-houses (62 Mich. , 101). Desks are 
necessary appliances (48 Mich., 404; Attorney General, July 
31, 1877). 

United States Flag. 

While a flag for a school house may be considered as a 
" necessary appendage " within the meaning of the school law^ 
we give under separate heading, the whole of Act No. 56 of the 

* Note.— For decisions relative to the purchase of charts by the direc- 
tor see 36 Mich., 404 and 94 Mich., 263. 



OF MICHIGAN. 91 

Laws of 1895, the passage of which was advocated by the 
members of the Grand Army of the Republic of the state: 

An act to provide for the purchase and display of United 
States flags in connection with the public school buildings 
within this state: 

Section 1. The People of the State of Michigan enact, That 
the board of education or the board of school trustees in the 
several cities, townships, villages, and school districts of this 
state shall purchase a United States flag, of a size not less than 
four feet two inches by eight feet, and made of good flag bunt- 
ing "A," flag staff, and the necessary appliances therefor, and 
shall display said flag upon or near the public school building 
during school hours, and at such other times as to the said 
boards may seem proper; and that the necessary funds to 
defray the expenses to be incurred herein shall be assessed and 
collected in the same manner as moneys for public school pur- 
poses are assessed and collected by law. 

School Census. 

The school age in Michigan is from five to twenty years and 
the age of compulsory education from eight to 
* " ^ ■ fourteen, except in cities under police regulation 
where the compulsory age is from seven to sixteen. 
It is the duty of the director or such other person as the board 
may appoint, to take a census of the district during the ten 
days just jDrevious to the first Monday of September in each 
year (5074). This is one of the important duties of school 
officers, and it is essential that the census be taken in aU dis- 
tricts of the state at the same time (5046). From the census 
reports of September, is made the distribution of primary 
school moneys in May and November of the next year. 
Children in almshouses, prisons, or asylums, are not included 
in the census; ^or are Indian children, unless 
EXCLUDED. their parents are liable to pay taxes in the dis- 
trict. 



93 SCHOOL LAW 

The correctness of the census must be verified by the oath 
or affirmation of the person taking the same, and 
a copy sent to the Superintendent of Public In- 
struction. 



MUST BE 
VERIFIED 



Penalties and Forfeitures. 

The law is very explicit in stating the powers and duties of 
all individuals connected with our school affairs, and is equally 
explicit in regard to the treatment of any one who seems re- 
gardless of the welfare of our schools. Below is a list of the 
various penalties and forfeitures.* 

DISTURBING OF DISTRICT MEETING, 

If at a district meeting any person shall conduct himself in 
a disorderly manner and, after notice from the person presid- 
ing, shall persist therein, the chairman may order him to with- 
draw and, if he refuses, may order any constable or other 
person, to take him into custody until the meeting adjourns; 
and any person who refuses to withdraw on being so ordered, 
and also any person who wilfully disturbs such meeting by 

rude and indecent behavior, or by profane or in- 
w"hdraw° decent discourse or any other disturbance, shall, 

on conviction thereof, be punished by a fine not 
less than two nor more than fifty dollars, or by imprisonment 
in the county jail not exceeding thirty days. Any justice of 
the peace, recorder, or police justice of the township, ward, or 
city where such offense shall be committed, shall have juris- 
diction to try and determine the same (5051). 

DISTURBING A SCHOOL. 

Any person who disturbs school by rude and indecent behavior, 
or by profane or indecent discourse or any other disturbance, 
shall, on conviction thereof, be punished by a fine not less than 

♦Note.— For penalty on parents or guardians, see Chapter VII. on 
compulsory attendance. 



OF MICHIGAN-. 93 

two nor more than fifty dollars, or by imprisonment in the 
county jail not exceeding thirty days (5069). 

NEGLIGENT OFFICIALS. 

Any taxable inhabitant of a newly formed district receiving 

the notice of the first meeting, who neglects or re- 
^N HABITANT, fuscs to serve and return such notice, and every 

chairman of the first district meeting, who wil- 
fully neglects or refuses to perform the duties enjoined on him, 
shall respectively forfeit the sum of five dollars (5163). 
Any person duly elected to the ofiice of moderator, director, 

assessor, or trustee of a school district, who neg- 
oF^TcER^ lects or refuses without sufficient cause to accept 

and serve, or who, having entered upon the duties 
of his office, neglects or refuses to perform any duty required 
of him by virtue of his office, shall forfeit the sum of ten dol- 
lars (5164). 
Any person duly elected or appointed a school inspector, 

who neglects or refuses without sufficient cause to 
INSPECTOR. qualify and serve, or who, having entered upon 

the duties of his office, neglects or refuses to per- 
form any duty required of him by virtue of his office, shall 
forfeit the sum of ten dollars (5165). 
If any board of school inspectors neglect or refuse to make 

and deliver to the township clerk the annual 
rNSPECTORs. report, within the limited time, they shall be liable 

to pay the full amount of money lost by their 
failure, with interest thereon, to be recovered by the township 
treasurer in the name of the township; and if any township 
clerk neglects or refuses to transmit the report herein men- 
tioned within the limited time, he shall be liable to pay the 
full amount lost by such neglect or refusal, with interest 
thereon (5166). 
Any county clerk who neglects or refuses to transmit to the 



94 SCHOOL LAW 

Superintendent of Public Instruction the required 
CLERK ^ reports, within the limited time, shall be liable to 

pay to each township the full amount which such 
township or school district shall lose by such neglect or refusal, 
with interest thereon (5167). 
Any township clerk who neglects or refuses to certify to the 

supervisor any school district taxes that have been 

TOWNSHIP . J J. u- J ■ -i* 11 

CLERK AND rcported to him, and any supervisor wilfully 
SUPERVISOR, jiggigcting to assess any such tax, shall be liable 
to any district for any damage occasioned thereby, to be recov- 
ered by the assessor in the name of the district (5169). 

No school officer, superintendent, or teacher shall act as 
agent for any author, publisher, or seller of school 
OFFICERS AND books, or shall directly or indirectly receive any 
TEACHERS. ^^^^ ^^ reward for his influence in recommending 
the purchase or use of any library or school apparatus or fur- 
niture; nor shall any school officer be personally interested in 
any way whatever in any contract with the district in which 
he may hold office. Any act or neglect herein prohibited, 
performed by any such officer, superintendent, or teacher, 
shall be deemed a misdemeanor (5170). 

8afe Keeping of Public Moneys. 

All moneys which come into the hands of any school officer, 

pursuant to any provision of law authorizing such 

PUBLIC officer to receive the same, are denominated pub- 

'"°'^"^^- lie moneys. 

It is the duty of every officer charged with the receivingj 

keeping, or disbursing of public moneys, to keep 

HOW KEPT. ^YiQ same separate and apart from his own money, 

and not to commingle the same with his own 

money nor with any other money. 

No such officer shall, under any pretext, use or allow to be 



OF MICHIGAN. 95 

used, any such moneys for any purpose other than 

in accordance with the provisions of law; nor 

shall he use the same for his own private use, nor 
loan the same without legal authority. 
In all cases where public moneys are authorized to be 

deposited in any bank or to be loaned for interest, 
AccRumG. the interest accruing belongs to and constitutes a 

general fund. 
In no case shall any such officer, directly or indirectly, re- 
DEPosiT ceive any pecuniary or valuable consideration as 

OF PUBLIC an inducement for the deposit of any public 
MONEYS. moneys with any particular bank, person, firm, 

or corporation. 
These provisions apply to all deputies, clerks, agents and 

servants of such officers, and any person guilty of 
vkTlation.*"' ^ violation of this law shall, on conviction thereof, 

be punished by a fine not exceeding one thousand 
dollars or imprisonment in the county jail not exceeding six 
months, or both such fine and imprisonment in the discretion 
of the court: Provided, That nothing in this act contained 
shall prevent a prosecution under the general statute for em- 
bezzlement, in cases where the facts warrant a prosecution 
under such general statute. 
Any officer who wilfully or corruptly draws or issues any 

warrant, order, or certificate for the payment of 
ordeVs. money in excess of the amount authorized by law, 

or for a purpose not authorized by law, shall be 
deemed guilty of a misdemeanor and may be punished as 
stated above. 

Indebtedness and Expenses. 

By wise provisions of law the expenses of districts for pur- 
chasing properly, building houses, and maintaining schools is 
carefully restricted so that districts may not become unduly 
burdened. 



96 SCHOOL LAW 

BONDED INDEBTEDNESS. 

Any school district may, by a two-thirds vote of the quali- 
fied electors present at any annual meeting or a special meeting 
called for that purpose, borrow money, and may issue bonds 
of the district to pay for a school-house site or sites, and to 
erect and furnish school buildings. 

Districts having less than thirty children may have an in- 
debtedness not to exceed three hundred dollars; 
AMOUNT. districts having thirty children, five hundred dol- 

lars; districts having fifty children, one thousand 
dollars; districts having seventy -five children, two thousand dol- 
lars (Act 4, 1893); districts having one hundred children, three 
thousand dollars; districts having one hundred and twenty-five 
children and an assessed valuation of not less than one hun- 
dred and fifty thousand dollars, five thousand dollars; districts 
having two hundred children, eight thousand dollars; districts 
having three hundred children, fifteen thousand dollars; dis- 
tricts having four hundred children, twenty thousand dollars; 
districts having five hundred children, twenty-five thousand 
dollars; and districts having eight hundred children or more, 
thirty thousand dollars. 

All children mentioned in this section must be of legal school 
TIME age, and the indebtedness of a district shall in no 

'■'""'^' case extend beyond ten years for money borrowed. 

In all proceedings under this section, the director, assessor, 
and one person appointed by the district board con- 
BALLOT^ stitutes a board of inspection, who shall cause a 

poll-list to be kept and a suitable ballot-box to be 
used, which shall be kept open two hours. The vote must be 
by ballot and canvassed in the same manner as votes at town- 
ship elections (5103). 

TAXATION. 

One of the powers of the district meeting is the voting of 



OF MICHIGAIS". 97 

taxes for the building of school houses and the 

AMOUNT FOR ° 

PURCHASING running expenses of school. The amount of taxes 
OR BUILDING. ^^ ^^^ ralsed in any district for the purpose of pur- 
chasing or building a school house or houses in the same year 
that any bonded indebtedness is incurred, shall not exceed in 
districts containing less than ten children of school age, two 
hundred and fifty dollars; in districts having between ten and 
thirty children, five hundred dollars; and in districts having 
between thirty and fifty children, one thousand dollars. No 
legal subdivision of land shall be taxed for building a school 
house, unless some portion thereof shall be within two and one- 
half miles of the school house site (5052). 
The tax authorized to be raised for general school expenses, 
must not exceed one-half the amount authorized 

FOR GENERAL 

SCHOOL PUR- to be raised for building. In the estimates made 
POSES. i^y (j}g{;j,j(,^ boards of districts having less than 

thirty pupils, such estimate, including the district's share of 
the primary school interest fund and one-mill tax, shall not 
exceed the sum of fifty dollars a month for the period during 
which school is held in such district. In township districts 
the amount voted for purchasing school lots and for erecting 
school houses, shall not be greater than three mills on the 
dollar of all the taxable valuation of the real and personal 
property in said township (Act 176, 1891). 

Suits and Judgments Against Districts. 

Justices of the peace have jurisdiction in cases against 
school districts, when the amount claimed or 
JURISDICTION, jjjatter in controversy does not exceed one hun- 
dred dollars (5107). 
When any suit is brought against a school district, it must 
be commenced by summons, a copy of which shall 
menc'ed'!"' be left with the assessor of the district at least 
eight days before the return day (5108). 

7 



98 SCHOOL LAW 

No execution shall issue on any judgment against a school 
district, nor shall any suit be brought thereon; but 
cut"n' *^^ same shall be collected in the manner pre- 

scribed in this act (5109). 
"Whenever any final judgment shall be obtained against a 
school district, the assessor of the district shall 
JUDGMENT. certify to the supervisor of the township and to 
the director of the district, the date and amount 
of such' judgment, with the name of the person in whose favor 
the same was rendered (5110). 
If the assessor fails to certify the judgment, it is lawful for 
the party obtaining the same to file with the 
TO CERTIFY supcrvlsor the certificate of the justice or clerk of 
JUDGMENT. ^j^g court, rendering the judgment showing the 
facts which should have been certified by the assessor (5111). 
The supervisor receiving either of the certificates of a judg- 
ment, shall proceed to assess upon the taxable 
OF a^moiTnt.^ property of the district, the amount with interest 
from the date of the judgment to the time when 
the warrant for the collection will expire, placing the same on 
the next township assessment roll in the column for school 
taxes; and the same proceedings shall be had, and the same 
shall be collected and returned, in the same manner as other 
district taxes (5112). 

School House Sites. 

The qualified voters of any school district, when lawfully 
assembled, may designate by a vote of two-thirds 
of*s*te°'^ of those present such number of sites as may be 
desired for school-houses, and may change the 
same by a similar vote at any annual meeting. When no 
site can be established by such inhabitants, the school inspectors 
of the township or townships in which the district is situated 
determine where such site shall be; and their determination 



OP MICHIGAN". 99 

shall be certified to the director of the district and shall be 
final, subject to alteration afterward by the inspectors, on 
the written request of two-thirds of the qualified voters of the 
district, or by two-thirds of the qualified voters agreeing upon 
a site, at a district meeting lawfully called (5118). 

Whenever a site for a school house shall be designated, de- 
termined, or established in any manner provided 
BE ° "I'd. ^° by law, and such district shall be u.nable to agree 
with the owner or owners upon the compensation 
to be paid, or in case such district shall, by reason of any im- 
perfection in the title to said site, arising either from break in 
the chain of title, tax sale, mortgages, levies, or any other 
cause, be unable to procure a perfect, unincumbered title, the 
district board of such district shall authorize one or more of 
its members to apply to the circuit judge, circuit court com- 
missioner, or any justice of the peace of the city or township 
in which such school district is situated, for a jury to ascertain 
and determine the just compensation to be made for the real 
estate required by such school district for such site. The 
application must be in writing, state the necessity for using 
the same for school purposes, and describe the real estate in 
question (5115). 

8uspe7ision of Pupils. 

District boards have authority to make and enforce suitable 
rules for the government and management of 
VESTED IN schools and the care of district property. Just 
^o*""- what shall be considered suitable rules, must 

necessarily be left to the discretion of the board. Said board 
may authorize or order the suspension or expulsion from the 
school, whenever in its judgment the interests of the school 
demand it, of any pupil guilty of gross misdemeanor or per- 
sistent disobedience (5069). 



100 SCHOOL LAW 

It will be observed that the power to suspend pupils, if pos- 
sessed by the teacher, must be delegated to him by 
BE* ELEGATED ^^^ board. It sometimes occurs that teachers feel 
TO TEACHER, obliged to suspend a pupil before the board can be 
advised with. Such suspension should be for the day only (45 
Wis., 150; 32 Vt. , 224; 48 Cal., 36; 133 Mass., 103). Some courts 
have held that, in extraordinary cases, a teacher may expel a 
pupil in order to maintain proper control; and that, in case the 
board reinstates the pupil who becomes a menace to the proper 
discipline of the school, the teacher may quit the school and 
maintain an action for the amount of his wages (46 Vt., 452; 
27 Vt. , 755). Generally, the power to suspend rests with the 
board alone. 

The rules of the board should not be unjust and require more 
than can legally be enforced. Suspension should 

RULES MUST , , *^ . ., , „ , 

BE REASON- bc a last resort. A pupil cannot be expelled or 
*°'"^" suspended for a careless act, no matter how negli- 

gent, if it is not wilful or malicious (77 Mich. , 605). 

Method of Voting. 

The method of voting at district meetings, as well as the 
majority required, depends upon the question under discussion. 
Though referred to in Chapter IV, we herewith append a sum- 
mary as follows: 

VOTING BY BALLOT. 

This is necessary in the following cases: 

1. To elect all school officers (5053, 5132). 

2. To bond the district (5103). 

A TWO-THIRDS VOTE.* 

At district meetings this is requisite as follows: 

*NoTE. — A measure requiring a two-thirds vote of a district meeting 
cannot after adoption be rescinded by a mere majority vote (10 N. W. 
349. See 47 Mich. 326.) 



OF MICHIGAIT. 101 

1. To authorize the district board to use money for any other 
purpose than that for which it was raised (5063), 

2. To raise money by issuing bonds (5103). 

3. To designate sites for school houses (5114). 

4. To request inspectors to alter location of school site (5114). 

5. To organize as a graded school district (5138). 

6. To unite two districts into one graded district (5135). 

7. To change from graded district to primary district (Act 
84, 1891). 

8. To establish a district library (Act 158, 1893). 

Course of Study. 

The arrangement of a course of study for the schools of the 
district is within the iurisdiction of the school 

STUDIES NOT •' 

SPECIFIED board. The law is not very explicit as to what 
*■ studies shall be included in established courses. 

Act No. 147 of the Laws of 1889, and Act No. 147 of the Laws 
of 1891, contain a mention of certain branches of study; and 
the law for the establishment of graded schools provides for 
high schools: but district boards must decide what branches 
shall be pursued in the schools of their districts. Having fixed 
a course of study, the board may require teachers and pupils 
to follow the same within reasonable limits. Music may be 

included in the adopted course of study of a public 
BE INCLUDED, school, aud necessary apparatus for teaching 

music may be purchased without a vote of the 
district (67 Mich. 262). Sectarian instruction is abolished from 

all public schools (5063); and, while the reading of 
OF BmLE. ^^^ bible may properly become a part of the daily 

program of the public school,the comment thereon 
by the teacher should be of such a character that pupils and 
parents of all religious faiths may not detect the slightest 
traces of sectarian prejudice. (35 Wis. 59; 79 111. 567; 87 111. 
303; 38 Me. 379; 95 111. 263; 23 Ohio, 211). 



102 SCHOOL LAW 



REVIEW QUESTIONS. 

In answering some of the following questions the student 
will be obliged to consult Howell's Annotated Statutes, Report 
of the Superintendent of Public Instruction for 1894, and the 
Legislative Manual. 

1. By whom are school districts formed and numbered ? 
3. What are specific taxes ? 

3. What is meant by a fractional district ? 

4. How are vacancies in state offices filled ? 

5. How is the primary school fund raised ? 

6. About how much money is apportioned in each year among the 
school districts of the state ? 

7. Should all instruction in our public schools be given in the 
English language ? 

8. What is done with lands which escheat to the state from a defect 
of heirs? 

9. How many months of school must be maintained during a school 
year to entitle districts to primary school money ? 

10. How many members compose the board of regents of the state 
university ? 

11. What is the length of a regent's term of office ? 

12. Who is president of the university ? 

13. Is the president of the university a member of the board of 
regents ? 

14. Of how many members is the state board of education composed ? 

15. What is the length of the term of office of a member of the board 
of education? 

16. What is the salary of the Superintendent of Public Instruction ? 

17. Of what state boards is the superintendent a member ? 

18. What provision was made in the constitution for the establish- 
ment of an agricultural college ? 

19. Mention some of the duties of the Superintendent of Public In- 
struction ? 



OF MICHIGAN. 103 

20. To whom does the law require the printed school laws to be fur- 
nished ? 

21. On what dates is the apportionment of primary school money 
made? 

23. What is the legal school age in the state ? 

23. For what reasons may the state superintendent cause a school 
district to forfeit public money ? 

24. Who makes statements for the distribution of library funds ? 

25. What compensation is allowed to members of the state board of 
education ? 

26. Where are the state normal schools located ? 

27. Are state normal school diplomas legal certificates to teach ? 

28. How many state examinations are held in each year? 

29. How may certificates granted in other states be made valid in 
this state? 

30. Are holders of diplomas from Michigan colleges legal' y qualified 
to teach ? 

31. How many members in the county board of examiners? 

32. When is the commissioner chosen and for how long ? 

33. What is the salary of commissioner in the various counties of the 
state ? 

34. What amount must be named in the commissioner's bond ? 

35. What is required of commissioner before he receives an order for 
his salary? 

36. What qualifications are required of persons who are eligible to 
hold the office of commissioner? 

37. How are vacancies in the office of commissioner filled ? 

38. How are vacancies in the office of examiner filled ? 

39. Is an examiner authorized by law to grant a special teacher's 
certificate ? 

40. By whom are assistant visitors of schools appointed ? 

41. What compensation do assistant visitors receive ? 

42. Mention six of the principal duties of the commissioner. 

43. Have members of examining boards the legal right to engage la 
summer normal school work ? 

44. How is the commissioner limited in office expenses ? 

45. Can an examiner be elected by a plurality vote ? 

46. What compensation does an examiner receive ? 

47. Of how many members is the township board of inspectors com- 
posed ? 

48. What school offices may be held by women ? 

49. With whom are the triplicate annual reports of the inspectors 
filed? 



104 SCHOOL LAW 

50. Mention some of the information that must be contained in the 
inspector's annual reports. 

51. Give some of the school duties of the township clerk. 

52. How is the number of meetings of the board of inspectors 
limited ? 

53. What compensation is allowed to school inspectors ? 

54. What yearly salary does the clerk of the Upper Peninsula town- 
ship district receive ? 

55. What is the maximum size of primary school districts ? 

56. Have the inspectors authority to change the boundaries of a 
school district which has been organized by special legislative enact- 
ment ? 

57. By whom are changes in the boundaries of fractional districts 
made? 

58. When may a school district be said to be legally organized ? 

59. How many days notice must be given of a meeting to change 
baundaries of a school district ? 

60. How many notices must be posted for change of boundaries ? 

61. How may two or more primary districts be consolidated ? 
63. How may a district be divided into two or more districts ? 

63. Have the inspectors the right to destroy a district by detaching 
its territory ? 

64. How may a primary district organize into a graded district ? 

65. Under what conditions may inspectors make an alteration in the 
boundaries of a graded district ? 

66. How may two primary districts organize into one graded dis- 
trict ? 

67. May a graded district change to a primary district ? 

68. How many township school districts are there in Michigan ? 

69. How many primary districts ? 

70. How many graded districts ? 

71. In the Upper Peninsula, how are township districts organized ? 
73. Of how many members is a township board of education com- 
posed ? 

73. Mention several of the advantages of the township system over 
the district system, 

74. What are some of the reasons why the township should not be 
the unit in school matters. 

75. Has the township system been successfully tried in other states ? 
If so, where ? 

76. Is the township system unpopular in states where it has been 
established ? If so, in what states ? 

77. What is the date of the annual school meeting ? 



OF MICHIGAN. 105 

78. When and how are the members of township boards of education 
elected ? 

79. What is the time of taking the annual census of school children 
in all the districts of the state ? 

80. How may special school meetings be called ? 

81. How many days' notice must be given for all district meetings ? 

82. Has the district board the authority to determine the number of 
months of school to be taught in the district during the year ? 

83. Can a board of supervisors legally appoint one of their own num- 
ber as member of the board of examiners ? 

84. What must be included in all notices of special school meetings ? 

85. What is the date of the annual school meeting in township dis- 
tricts of the Upper Peninsula ? 

86. Have the voters or the district board the authority to determine 
whether the school shall be taught by a male oi a female teacher ? 

87. Have the voters or the district board the authority to determine 
the maximum salary that shall be paid to teachers ? 

88. Have the voters or the district board the authority to admit non- 
resident pupils? 

89. Who selects school house sites, the school board or the voters ? 

90. What is the highest amount of money for sites or building pur- 
poses, that can be raised by taxation in any one year in districts having 
ten children of school age ? Thirty children ? Five hundred children ? 

91. How is the tax for repairs and apparatus limited ? 

93. What is the minimum number of months required to be taught 
in districts having 800 children ? 

93. What is the minimum number of months required in all dis- 
tricts ? 

9t. What is the penalty on districts whose officers do not provide for 
the required number of months of school ? 

95. For what purposes may the surplus of the one-mill tax be appro- 
priated ? 

96. Who are legal voters at school meetings ? 

97. In what districts are women barred from voting ? 

98. How many trustees in the district board of graded school dis- 
tricts ? 

99. How many children of school age must a district contain to be 
organized into a graded district ? 

100. How many votes at a district meeting are required to change to 
a graded district ? 

101. How may a person who is not a legally qualified voter in the dis- 
trict, be prevented from voting if he offers to do so ? 

102. If a vote is not taken by ballot, how may voters be challenged ? 



106 SCHOOL LAW 

103. How may a disorderly person be expelled from a district meeting? 

104. What penalty may be inflicted upon a person for disturbing a 
district meeting ? 

105. What officers are elected at the first school meeting of a newly 
organized school district ? 

106. What is the length of the term of office of school officers ? 

107. Are school officers legally elected, if chosen in any other way than 
by ballot ? 

108. Is a plurality vote sufficient to elect a school officer ? 

109. How may meetings of the district board be called ? 

110. What persons are eligible to hold a district office ? 

111. Within what time and in what manner must district officers 
accept their offices ? 

113. State seven ways by which a district office may become vacant ? 

113. Does the temporary absence of a district officer from a district 
create a vacancy ? 

114. When one of the district offices becomes vacant, how may such 
vacancy be filled ? 

115. When two of the district offices become vacant, how filled ? 

116. How are vacancies filled after an office has been vacant more than 
twenty days ? 

117. How long does a person who is elected to fill a vacancy, serve ? 

118. How are vacancies in the board of education of graded or town- 
ship districts filled ? 

119. Upon what condition may a district board borrow money ? 

120. When must the report of the district board to the township 
clerk be made ? 

131. How is district taxation in districts having less than thirty 
children limited ? 

133. Who has the authority to admit or exclude public meetings from 
the school house, the school board or the voters ? 

133. Who determines the kind of text-books that shall be used in the 
district ? 

134. How long do text-books once adopted continue to be the legal 
text-books of the district ? 

125. How may indigent children be supplied with text-books ? 
136. For what reason may pupils be expelled or suspended from 
school? 
127. What tuition may be charged to non-resident pupils ? 

138, What is the minimum legal size of school flags. 

139. How are the executive officers of a graded district chosen ? 

130. How are the township district trustees chosen and how long do 
they serve ? 



OF MICHIGAN". 107 

131. Who acts as president of the township school hoard ? As clerk ? 
133. What bond is required of the treasurer of township school dis- 
tricts ? 

133. On what dates are the regular meetings of the township school 
hoard held ? 

134. Where are such meetings held ? 

135. Mention some of the powers and duties of the officers of town- 
ship districts ? 

136. What officer appears for the district in suits brought for or 
against the same ? 

137. What officer appears for the district in suits brought against the 
assessor ? 

138. Mention several of the specific duties of the director of a 
primary school district. Of moderator. Of assessor. 

139. On what dates are the two required regular public examination 
of teachers held ? 

140. On what dates are the two optional regular examinations held ? 

141. On what dates may extra public examinations be held in certain 
large counties ? 

143. What counties are entitled to three extra examinations ? Two ? 
One? 

143. What branches of study are required in examinations for first 
grade certificates ? Second ? Third ? State ? 

144. By whom must all county certificates be signed ? 

145. Is the holder of a third grade certificate of class B legally 
qualified to teach in primary departments of graded schools ? 

146. Is the holder of a third grade certificate of class A legally 
qualified to teach in ordinary district schools of eight grades ? 

147. How is the number of third grade certificates of class B limited ? 

148. By whom are questions for teacher's examinations prepared ? 

149. Who fixes the standard of examinations for county certificates ? 

150. By whom are special certificates granted ? 

151. For how long are special certificates granted ? 

152. What citizenship qualification is required of teachers ? 

153. In your opinion what constitutes good moral character in a 
teacher ? 

154. Under what conditions may a teacher's certificate be renewed ? 

1 55. What authority have examining boards for revoking certificates? 

156. Must city teachers be legally qualified ? 

157. What penalty is inflicted upon districts, if the officers employ 
teachers that are not holders of certificates ? 

168. What colleges in this state heve courses of study which have 
been approved by the state hoard of education ? 



108 SCHOOL LAW 

159. What are the conditions under which the board of education 
grant certificates to college graduates ? 

160. For how long are college certificates valid ? Do they ever he- 
come life certificates ? 

161. Are diplomas granted by the faculty of the university, legal 
teacher's certificates ? 

163. How many state examinations are held in each year ? What 
branches are required ? 

163. For how long are state certificates valid ? 

164. Are certificates or diplomas granted in other states valid in this 
state ? 

165. What annual institute fee are teachers required to pay f Are 
any teachers exempt ? Who collects the fee ? 

166. Who has the custody of the county institute fund ? 

167. Who conducts institutes and who appoints institute instructors ? 

168. May two or more counties unite in a teachers' institute ? 

169. How much money may be drawn from the state treasury in any 
one year for the snpport of teachers' institutes ? 

170. What is the largest sum that can be drawn from the state 
treasury for any one institute ? 

171. How may a teachers' association become incorporated ? What 
amount of property may an association hold ? 

173. By whom must a teacher's contract be signed ? 

173. Mention some of the things that must be contained in a teacher's 
contract. 

174. With whom must contracts be filed ? 

175. Must teachers make up for time lost in the observance of legal 
holidays ? 

176. What are the legal holidays in this state ? 

177. When schools are closed by the district board on account of the 
prevalence of a contagious disease, must teachers lose the time ? 

178. Are contracts made previous to the annual school meeting, 
valid ? 

179. Can school boards legally make contracts two or three years in 
advance ? 

180. Must all the officers sign teachers' contracts ? 

181. What is the age of compulsory education in the primary and 
township districts of the state ? 

183. What is the compulsory age in cities under police regulation ? 

183. How many months in the year must all pupils between certain 
ages attend school ? 

184. What pupils of the compulsory age are exempt from the provi- 
sions of the law for compulsory attendance ? 



or MICHIGAN. ^ 109 

185. Who appoints the truant officer and what is the lowest compen- 
sation allowed him by law ? 

186. In cities who selects the truant oflficer ? 

187. What notice to parents are truant officers required to give ? 

188. What penalty may be inflicted on parents who refuse to send 
their children to school ? 

189. Can parents evade the compulsory law because of being too 
poor to buy text-books ? 

190. In what city school districts may the board establish ungraded 
schools ? 

191. What children are considered as juvenile disorderly persons ? 

192. What courts have jurisdiction over truancy ? 

193. Are superintendents required by law to assist the truant officer ? 

194. What sentence may be imposed upon juvenile disorderly per- 
sons ? To what state institutions may they be sentenced ? 

195. What officer must be consulted before sentence is passed upon a 
juvenile disorderly person ? 

196. Does the constitution of the state provide for the establishment 
of libraries ? 

197. Who are entitled to the privileges of the township library ? 

198. Who has charge of the township library ? 

199. Who is custodian of the funds belonging to the township library ? 
SOO. Where must the township library be kept ? 

201. Who appoints the librarian ? 

203. How may a district library be established ? 

203. Who has charge of the district library ? 

204. How are library funds raised ? 

205. Under what conditions may a district or township forfeit library 
money ? 

206. When and by whom is the library apportionment made ? 

207. What amendment was made to the library law by the Legisla- 
ture of 1895 ? 

208. May library moneys ever be used for other purposes ? 

209. May district officers ever sell the books of the library ? 

210. How many township libraries are there in Michigan ? 

211. How many volumes in township libraries ? 
213. How many district libraries in Michigan ? 

213. How many volumes in district libraries ? 

214. Has your township or district a library ? If so, in what condi- 
tion is it V 

315. Under our state law, what is meant by free text-books ? 

316. When was our free text-book law passed ? 



110 SCHOOL LAW 

317. What text-books may be purchased by school oflacers under the 
provisions of this law ? 

318. By what vote of the district meeting may the purchase of free 
text books be authorized ? 

319. May a district that has once voted to furnish free text-books, 
return to the former plan of requiring pupils to furnish their own 
books ? 

320. What penalty may be inflicted upon school officers who refuse to 
obey the instructions of the district meeting as to the purchase of free 
text-books ? 

831. How many districts in Michigan furnish free text-books ? 
323. How, in your opinion, should text-books be supplied to pupils ? 
323. Do you believe in state publication of text-books ? 
234. What provision is made by law for the teaching of the modes by 
which dangerous diseases are spread ? 

225. Who furnishes the printed matter to the schools ? 

226. Who is the principal officer of the state board of health ? 
Where is his office ? 

337. By whom is the state manual and course of study published ? 
Have you ever seen a copy of it ? 

328. What is done with the surplus of the dog tax fund ? 

329. Which section of each township was set apart as a "school " 
section ? 

230. What are necessary appendages to a school house ? 

331. Which officer is authorized to nrovide necessary apparatus ? 

332. Should a dictionary be considered as a " necessary appendage " 
such as a director may purchase without a vote of the district ? 

333. Select from the following list such articles as a director may 
purchase without the consent of the voters of the district meeting : 
maps, globe, organ, stove, desks, wall pictures, case for library books, 
towels, water-pail, books for library. 

334. Are the following necessary appendages : line-fence, well, out- 
houses ? 



OF MICHIGAN. 



Ill 



INDEX. 



PAGES. 

Acceptance of office : 

filed with and recorded by 

director. 41 

neglect to file vacates office 41 

Accounts : 

of director 47 

Action : 

against school district 54, 97 

relative to obtaining site.. 99 

Adjournment : 

of district meeting 34 

Admi.-jsion of pupils : 

non-resident. 45, 47 

to high school 47 

to kindergarten 89 

^ge : 

school 51 

at which education is com- 
pulsory 70 

Agents for school books : 

officers, superintendents, 
and teachers not to act 
as 20,94 

Agricultural school : 

to be provided, con. prov., 
art. xiii 9 

Aliens : 

not eligibl e to office 41 

Alteration : 

m boundaries of dis- 
tricts 26,39 

Annual meetings : 

(See District meetings.) 

Annulment of certificates : 

by county board of exam- 
iners 59 

by faculty of univeretty... 61 
by state board of education 60 

Appendages to school house : 

to be provided by di- 
rector 51,89 

what are 90 



. ^ PAGES. 

Appointment : 

of building committee 36 

of commissioner in case of 
vacancy. 17 

of conductor of teachers' 
institute 64 

of deputy Supt. of Public 
Instruction H 

of deputy made by Supt. of 
Public Instruction, may 
be revoked 11 

of district officers in case of 
vacancy of trustees 42 

of first meeting of district. 24 

of librarian of township li- 
brary 82 

of member of board of ex- 
aminers in case of va- 
cancy. 21 

of person to take school 
census 51,91 

of regents in case of va- 
cancy, con. prov., art. xiii 8 

of Supt. of Public Instruc- 
tion in case of vacancy, 
con. prov.. art. viii 7 

of truant officer 71 

Apportionment : 

of library moneys 83 

of primary school fund, 
con prov., art. xiii 7 

to districts by township 
clerk 23 

duty of Supt. of Public In- 
struction. 12,84 

Assessment of taxes : 

(See Taxes.) 
Assessor : 

acceptance of office 41 

a member of district 
board 40, 46 



113 



SCHOOL LAW 



PAGES. 

ABsessoT— Continued: 

a member of board of in- 
spection at election to 
vote bonds 96 

and m.oderator to audit di- 
rector's accounts 51 

bond required 53 

penalty for neglecting 
duties 93 

summons to be served on, 
insuits 97 

to appear for district in 
suits - 54 

to certify judgment 
against district to super- 
visor 98 

to deliver to successor all 
books, etc., belonging to 
district 54 

to keep record of receipts 
and expenditures 53 

to pay orders, legally 
drawn 53 

to report receipts and ex- 
penditures to district 

board 53 

Associations : 

teachers may form 66 

Asylums : 

for deaf, dumb, blind, and 
insane, con. prov., Art. 
xiii.. 9 



Ballot : 

election of oflScers to be by. 
vote on issuance of bonds 

to be by 

voting by 

Blind : 

institutions for, con. prov., 

Art. xiii 

Board, district : 

(See District board ) 
Board of education : 

(See State board of educa- 
tion.) 
Board of education of graded 
schools : 
how elected and term of 

office 46, 

meetingsof ' 

of township districts '. 

organization of 

powers and duties 46, 50 

Board of inspection : 

at election to vote on issu- 
ance of bonds 



49 



„ , . ^ PAGES. 

Boara of regents : 

of university, con. prov., 

art. xiii g 

Board of school examiners : 

(See County board of 
school examiners.) 
Board of school inspectors : 

(See Township board of 
school inspectors.) 
Board of trustees in graded 
school districts : 
election and term of office 

of 48 

officers of 43 

meetingsof 49 

powers and duties of 50 

vacancy in, how filled.. 42 
Boards : 

when authorized to exam- 
ine teachers, to collect 

fees 63 

Bond: 

of assessor 53 

of county commissioner of 

schools 16 

Bonds : 

district vote on issuance 

,.of 96,100 

limitation of amount 96 

time limit of 96 

vote for by ballot 96, 100 

Books of record : 

(See Records.) 
Books, school : 

(See Text books.) 
Boundaries of districts : 

alterations in 26, 29 

described in first notice 24 

township clerk to give no- 
tice of change , 27 

Building committee: 

voters may appoint 36 



Census of school districts : 

when and how taken. .32, 51, 91 
Certificate: 

of inspectors establishing 
site 98 

of instruction in physiology 
to be filed by teacher 45 

filed by director with 
township clerk 45 

of township clerk of dis- 
trict taxes 23 



OF MICHIGAN". 



113 



PAGES 

Certificates of qualification to 
teachers : 

college, granted by state 
boarii of education 60 

fee to be paid on obtainiDg. 63 

from other states, endorsed 
by state board of educa- 
tion 6a 

giyen by county board of 
examiners 55 

given by city board 59 

given by faculty of univer- 
sity 61 

given by state board of ed- 
ucation 15, 63 

grades of and requisite 
qualifications to obtain. 55-63 

holder of must be citizen 
of United States 58 

holder of must be of good 
moral character 58 

indorsement by Supt. of 
Publiclnstruction - 56 

list of teachers having ...18, 63 

record to be kept by county 
commissioner of schools 18 

renewal by board of exam- 
iners 58 

revocation or suspension 
of 18, 59, 61, 63 

signed by commissioner 
and one examiner 56 

two classes of third grade. 57 
Chairman : 

of board of school in- 
spectors 21 

of board of school in- 
spectors has supervision 
of schools 31 

of first meeting of dis- 
trict 34, 93 

of meeting may arrest dis- 
orderly person 93 

to give bond 21 

to give oath to challenged 

voter 39 

Challenge : 

of voter at district meeting 39 
Children : 

census list of 51, 91 

compulsory education of.. 70 

duties of truant officer 
with respect to 71 

entitled to attend kinder- 
garten 89 

indigent, tuition of 88 



PAGES. 
Citizen of United States : 

teacher must be 58 

Clerk : 

of board of school in- 
spectors 21 

of district, director to be.. 50 

of township. (See Town- 
ship clerk.) 
Collection : 

of damages for not report- 
ing and assessing l axes.. 94 

of fines for injuring books. 81 

of institute fees from 
teachers 62 

of judgments against dis- 
trict 97 

of penalties, etc 92 

of taxes 78 

Committee on building : 

voters may appoint 36 

Compensation : 

for site, determined by 
jury 99 

of members of county 
board of school exam- 
iners 20 

of board of education 14 

of county commissioners.. 16 
Compulsory education : 

age at which compulsory. . 70 

length of time to attend 
school 70 

who are truants under 

thisact 73 

Conductor : 

of teachers' institutes 64 

Consolidation of districts : 

(See School districts.) 
Constitutional provisions : 

agricultural school, art. 
xiii 9 

districts may be deprived 
of public money, art. 

xiii 8 

, escheats of land to the 
state, art xiii 8 

free schools to be main- 
tained, art. xiii S 

institutions for deaf, 
dumb, blind, and insane, 
art. xiii 9 

libraries to be provided, 
art. xiii 10 

number months of school 
maintained, art. xiii 8 

regents of the university, 
art. xiii 8 



114 



SCHOOL LAW 



Pages. 
Constitutional provisions— Cont'd; 

school funds, art. xiii 7, 8 

specific taxes, art. xiv 10 

state board of education, 
art.xlii 9 

Supt. of Public Instruc- 
tion, art. viii 7 

Supt. of Public Instruc- 
tion, term of office, art. 
viii 7 

Supt. of Public Instruc- 
tion, vacancy in office, 
how filled, art. viii 7 

Supt. of Public Instruc- 
tion, where to keep office 7 
Contract : 

with teachers 44, 47, 51, 55, 66 

Corporal punishment : 

supreme court decisions.. 69 
Corporate powers : 

of teachers' associations.. 66 
County board of school ex- 
aminers : 

compensation of mem- 
bers 16,20 

duties of county commis- 
sioner ...18-20 

election and term of office 
of 16,20 

eligibility of... 20 

how appointed 20 

schedule of meetings for 
examinations to be pub- 
lished 18 

vacancies in board, how 
filled 17,21 

shall assist at examina 

tions 21 

County clerk : 

duties in relation to appor- 
tionment of moneys 83,84 

duties in relation to county 
commissioner 16 

duties in relation to insti- 
tute moneys -, 64 

examination of candidates 
for admission to 18 

neglect of duty 93 

County commissioner of schools: 

act as assistant institute 
conductor 19 

certificates, keep record 
of 18,63 

counsel with teachers 19 

duties of 18, 19 

examinations, hold 18, 55 



Pages. 
County comm'r of schools— Cont'd; 
examinations, keep record 
of 18 

examinations, prepare 
schedule of 18 

file acceptance of office 
and bond 16 

receive annual reports 19 

receive in stitute fees 18 

receive instructions from 
Supt. of Public Instruc- 
tion 19 

County institute : 

(See Teachers' institute.) 
County treasurer: 

apportion library money 8.82,83 
pay teachers' institute 

fund on order of clerk 64 
statements of apportion- 
ment filed with 84 

set apart institute fees as 

institute fund 63 

vouchers for payment at 
teachers institute filed 

with 65 

Course of study : 

to be prescribed for schools 101 
Crimes and offenses : 

disturbing district meeting 92 

disturbing school 93 

illegal use of moneys 95 

Deaf, dumb, and blind : 

institutions for, con. prov., 

art. xiii 9 

Delivery of books, etc., to suc- 
cessor in office : 

by assessor of district 54 

by Supt. of Public Instruc- 
tion.. 14 

Deputy Supt. of Public Instruc- 
tion : 

appointment and duties of 11 
Diplomas : 

to graduates of state nor- 

malschooL. 15 

Director : 

acceptance of office 41 

a member of district 
board 40, 46, 50 

a member of board of in- 
spection at election to 
issue bonds 96 

and moderator to approve 
bond of assessor 53 

draw and sign contracts 
with teachers 51 



OF MICHIGAIS". 



115 



T^- X ^ Pages. 

Director— Continued: 

drawB and sign warrants 

and orders 50 

election and term of office 40 

give notice of meetings 50 

liave custody of school 

house and property 44 

of fractional districts, to 

whom to report 52 

penalty for neglect of 

duties 93 

reports of to be filed with 

township clerk 51 

to be clerk of district 50 

to file census list with 

township clerk 51 

to file certificate of instruc- 
tiou in physiology with 

township clerk 45 

to file copies of all reports. 51 
to take annual school cen- 
sus 51 

to present estimate to an- 
nual meeting. 51 

to present warrants and 
orders to moderator to 

be countersigned- 50 

to provide necessary ap- 
pendages 51,89 

to keep account of ex- 
penses 44, 51 

to keep record of meetings 50 
Disease : 

prevention of communica- 
ble 80 

Disorderly persons : 

treatment of 39,93 

Districts, school : 

(See School districls.) 
District boards : 

election and tenure of 

office of members 40, 46, 48 

may admit non-resident 

pupils 45,87 

majority of members nec- 
essary at meetings of 41 

meetings of 40 

to apply moneys according 

to law 44 

to apply for jury in suits 

to obtain site 99 

to audit accounts of direc- 
tor. 47 

to borrow money 43 

to build, hire, or purchase 

school houses 43 

to call meetings of district 49 



District ho&Tds— Continued: 

to classify pupils 87 

to contract with teacher8-44, 47 
to donate or sell library 

books 46 

to employ janitors ' 47 

to establish rules for school 45 
to estimate amount for 

support of schools 43 

to fix rate of tuition to non- 
resident pupils 45, 87 

to have care and custody 

of school property 44 

to have charge of district 

library 46 

to make statement of 
finances at annual meet- 

, ing - --..43, 44 

to prescribe text-books and 

course of study 44, 101 

to provide for instruction 

in physiology 45 

to purchase books for indi- 
gent children 45 

to purchase flag and flag- 

staflf 4(5 

to purchase record books', 

^ etc.... 43 

to purchase text- books 
when authorized by 

voters ___ 46 

to purchase or lease site 

for school house 43 

to report taxes to be as- 
sessed 43 

to suspend or expel disord- 

erlypupils 45 

vacancy in, how filled 43 
vacancy in, what to occa- 
sion 41 

when to exclude public 
meetings from school 

house 44 

when may issue bonds I' ' 96 
who are eligible to office 41 

who to constitute 40, 46, 48 

District libraries : 

(See Libraries.) 
District meetings : 

annual, board to make 

financial report at 44 

annual, powers of voters 

at—,— 34,38,50 

annual, regular, where 

held 49 

annual,;when to be held ." 31 



116 



SCHOOL LAW 



Pages. 
District meetings— Continued; 
business to be trans- 

acted ------ 32,40 

challenging votes at.—- gy 

disorderly persons at rfa, a-* 

in district, primary and 

graded -- -31,40 

in district, township. — -.31, 49 
in district, under special 



act . 



33 



limit of taxes voted - 97 

may vote on issuance of 

bonds 5^ 

notice of ----r—i gS 

notice of, contents of ad 

notice of, failure to give... 33 
notice of, none required in 

township district . . . - - - 33 

special, may be called. ...3^, 49 

special, notice of- oi 

voters at, who are o7 

District officers : .„ 

acceptance of office - 4U 

election and term of 
office -- -40. 46, 48 

^Zly^-*--..-"--^-- 78.fo,93 
plurality vote does not 

elect -.40,46 

who are eligible to election 

to 41 

District schools : 

(See Schools.) 
District taxes : 

(See Taxes.) 
Disturbing district meeting or 
school : 

penalty for y* 

Division of district : 

(See School district; also 
Township board of in- 
spectors.) 
Dog tax, surplus of : 

apportionment of oo 

Education : 

constitutional provisions, 

q,rt. xiil 7,10 

Election : . . ^ 

of county commissioner ot 

schools ----iVVe ^Q 

of district officers 40, 46, 48 

of members of county 

board of examiners 20 

of members of state board 

of education, con. prov., 

art. xiii ^- ^ 



Pages. 
Election— Continued: 

of members of state board 
of regents, con. prov., 

art. xiii 8 

of Supt. of Public Instruc- 
tion, con prov., art. viii.- 7 
Electors : 

who are qualified oi 

Eligibility to office : 

Indistricts 41 

of commissioner 17 

of examiner "0 

English language : 

instruction to be conduct- 
ed in, con. prov., art. xiii.- 8 
Escheats of land to the state : 
constitutional provisions, 

art.xiii ° 

Estimates : . , . 

of amount to be raised by 

tax 43, 51 

Examin ations : 

of applicants for certin- 

cate .55,6^ 

of candidates for admis- 
sion to freshman class of 

Agricultural College 18 

of inspectors' reports by 

county commissioner — 19 
questions for 13, 57 

Examiners: „ ^ 

of teachers, to collect 

I fees 63, 63 

to pay fees to county treas- 

I urer • "3 

Execution: . ^ ,. i 

not to issue against school 

district 98 

Expenses : 

estimate of, to be present- 
ed at annual meeting. -.43, 51 

of inspectors, limited 23 

of state institute, how 
paid 64, 65 

to be paid by teachers on 
obtaining certificates — 63 
Females: ^ ., 

eligible to district offices.. 41 

eligible to office of county 
commissioner 17 

eligible to office of town- 
ship school inspector — 31 

may vote at district meet- 
ings 3< 



OF MICHIGA]Sr. 



117 



„. Pages. 

Fines : 

for breach of penal laws, 

con . pro V. , art. xiii 10 

for breach of penal laws, 

apportionment of 82 

for disturbing district 

meeting 39, 93 

for disturbing school 93 

Flag and flag-staff : 

district board to purchase.46,90 
Forfeitures : 

(See Penalties.) 
Formation: 

of districts (see School dis- 
tricts). 
of teachers' associations... 66 
Fractional districts : 

(See School districts.) 
Free schools : 

to be provided, con. prov., 

art.xiii 8 

Free text books: 

district to vote on question 

of furnishing 77 

board to estimate amount 

necessary to purchase.. . . 78 
board to make contract for 

furnishing 77 

board to incur penalty f or 
failure to comply with 

law. 78 

board to purchase when 

authorized 46, 77 

property of district '77 

Funds: 

educational, con, prov., 

art. xiii 7, 8 

library, con, prov., art. 

^ ^"i-" 10 

teachers' association 66 

teachers' institute 63 

Geological survey, board of : 
Snpt. of Public Instruc- 
tion a member of.. 14 

Graded school district : 

annual meeting of 29 

alteration in boundaries 

of 29 

change to primary district 30 

how classified 28 

how organized 29, 38 

not limited to nine sec- 
tions of land 29 

number of children 28, 38 

two or more contiguous 
districts may organize. . . 29 



Pages 
Graded school district— Confmited:* 
trustees, consent to be ob- 
tained in alterations of 

boundaries 29 

grades of certificates to 
teachers 55, 63 

High schools : 

may be established in cer- 
tain cases 47 

Indebtedness : 

of districts. (See Bonds). .95, 96 
Insane : 

institutions for, con. prov., 

art. xiii 9 

Inspection, board of : 

(See Board of inspection.) 
Inspectors, board of school : 

(See Township board of 
school inspectors.) 
Institutes : 

(See Teachers' institutes.) 
Institutions : 

for deaf, dumb, and blind, 

con. prov. , art. xiii 9 

Instruction : 

to be conducted in the 
English language, con. 

prov.. art, xiii 8 

Supt. of Public Instruction 

to have supervision 11 

Interest : 

on state fund for educa- 
tional purposes, con. 
prov., art. xiii 7, 8 

Janitors : 

employed by district board 47 
Judgments : 

against school district 97 

Jurisdiction : 

in actions against districts 96 
Jury : 

in proceedings to obtain 

site 99 

Juvenile disorderly persons : 

penalties imposed upon 73 

penalties imposed upon, 

parents in certain cases. 72 
to be sent to ungraded 

school 73 

who constitute " 73 



Kindergarten : 

act to apply to the schools . 89 



118 



SCHOOL LAW 



Pages. 
Kindergarten— Contimted: 

children entitled to at- 
tend - 89 

duty of district board in 

regard to 89 

qualifications of teachers 
in 89 

Land : 

escheat to the state, con. 
prov. ,art. xiii 8 

legislature may appropri- 
ate same or money aris- 
ing from sale of same, 
for maintainance of agri- 
cultural school, con. 
prov., art. xiii 9 

proceedings to obtain for 

school house sites 98 

Laws : 

relative to schools to be 
published and furnished 

to oflacers 13 

Lease : 

of school house site SS 

Legislature : 

to provide for agricultural 
school, con. prov., art. 
xiii 9 

to provide for free schools, 

con. prov., art. xiii 8 

Libraries : 

constitutional provisions, 

art. xiii 10 

Liability : 

of board of inspectors 93 

of county clerk 93 

of district ofHcers 93 

of parent for failure to 
send child to school 73 

of township clerk and 

supervisor 94 

Librarian : 

to be appointed 83 

Libraries : 

constitutional provisions, 
art xiii 10, 81 

district board have charge 
of 45,50 

district, care of 83 

district, what may estab- 
lish 83 

funds, apportionment of... 83 

funds, forfeitures of 83 

funds, penal fines to be ap- 
plied to, con. prov., art. 
xiii 10 



Pages. 
Libraries— Conti?iM6d: 

funds. State Supt. to fur- 
nish statement of town- 
ships, etc., entitled to... 83, 83 

township, care of 81 

township, librarian of 83 

tax for support of 83 



of townships showing 
boundaries of districts.. 33 
Meetings : 

for examination of teach- 
ers 55, 59, 62 

joint, of school inspectors.. 25 

when school house used for 
public - 37, 44 

(See District meetings.) 
Members : 

of county board of school 
examiners 20 

of boards, district 40, 46 

of board of regents, con. 
prov., art. xiii 8 

of board of school inspec- 
tors 21 

of board of trustees 38,48 

of state board of educa- 
tion, con. prov., art. xiii . 9 
Moderator: 

acceptance of ofl&ce 41 

a member of district 
board 40,46 

and assessor to audit and 
pay directors' accounts.. 51 

and director to approve 
bond of assessor 53 

election and term of oflB.ce 
of 40, 46 

penalty for neglect to ac- 
cept office or perform 
duties 93 

to bring suit on assessor's 
bond 53 

to countersign warrants 
and orders 63 

to preside and preserve 
orders at district meet- 
ings 39,93 

Moneys : 

accrued from one-mill tax, 
how used 36,85 

apportionment by State 
Supt., con. prov., art. 
xiii 7 

apportionment to districts 
by township clerk 23 



OF MICHIGAN. 



119 



Pages. 
Moneys— Continued: 

board to apply according 
to law 44 

board to report to annual 
meeting receipts and dis- 
bursements - 44 

collected on account of 
neglect of ofllcers 93 

collected on assessor's 
bond, liow applied 53 

county treasurer to apply 
for and pay 84 

county treasurer to appor- 
tion library moneys 82 

library, apportionment 
of 13,82 

library, derived from 
penal fines, con. prov., 
art. xiii 10 

library, forfeiture of 83 

library, may be used for 
school purposes 83 

limitations as to borrow- 
ing 43 

not to be diverted except 
by a two-thirds vote 36 

primary school interest 
fund, apportionment of.. 84 

primary school interest 
fund, districts entitled 
to receive 84 

primary school interest 
fund, duties of State 
ISupt. in regard to 12, 84 

primary school interest 
fund, how constituted, 
con. prov., art. xiii 7 

primary school interest 
fund, used only for 
teachers' wages 84 

primary school interest 
fund, when withheld 
from districts, con. prov., 
art. xiii 8 

public, defined 94 

public, deposit of 95 

public, how kept 94 

public, how to be used 95 

public, interest accruing 
on : 95 

public, orders for payment 
of, unlawful 95 

township Ireasurer has 
keeping of all school and 
library 49 1 



PiGES. 

Necessary Appendages: 

(See Appendages.) 
Neglect : 

of county clerk to transmit 
reports 94 

of district officers... 93 

of inspectors in perform- 
ing duties 93 

of parent or guardian to 
send child to school 73 

of supervisor and town- 
ship clerk in regard to 

taxes 94 

Non-resident pupils: 

admission of 45, 47, 87 

Normal school : 

(See state normal school.) 
Notices: 

by State Supt. of appor- 
tionment ..13,84 

of first meeting in new dis- 
trict 24 

of formation of teachers' 
association 66 

of meetings for examina- 
tion of teachers 18 

of meetings to be given by 
director 33,50 

of special n..eeting8 32, 33, 49 

in proceedings to obtain 
site 99 

to organize as graded school 
district 29 

to parent or guardian that 
child does not attend 
school 72 

to township clerk of taxes 

to be levied. 43 

Number months of school to be 
maintained: 

constitutional provisions, 
art. xiii 8 

Oath: 

by challenged voter at dis- 
trict meeting, if false 

deemed perjury 39 

by deputy Superintendent 

of Public Instruction 11 

of school officers 48 

to be made to correctness 

ot census list 92 

Office: 

acceptance of to be filed. -41, 48 

term of district officers 

31, 40, 46, 48 



120 



SCHOOL LAW 



Pages. 
Ot&ce— Continued: 

term of members of board 

of school examiners 30 

term of members of state 

board of education, con. 

prov., art. xlli 9 

term of regents of the uni- 
versity, con. prov., art. 

xiii 8 

term of State Supt. of 

Public Instruction, con. 

prov., art. xiii 7 

Officers ; 

(See names of the several 

offices.) 
Official bonds : 

of assessor 53 

of chairman of board of 

inspectors 21 

of county commissioner of 

schools 16 

One-mill tax : 

assessment, collection, and 

disposition of 85 

how surplus may be ap- 
plied, sec. 13 36, 85 

Orders : 

on assessor, drawn and 

signed by director 50 

on assessor, countersigned 

by moderator 53 

Organization : 

of graded schools 38 

of primary district 24 

of township district 30 



Parents and guardians : 

liability for not sending 
children to school 73 

proceedings against for 
failure to send children 
to school 73 

required to send children 

to school 70 

Penalties and forfeitures : 

for disturbing district 
meeting 92 

for disturbing school 93 

for illegal use of public 
moneys 95 

on district for not main- 
taining three months' 
school, con. prov., art. 
xiii 8 

on county clerk for not 
transmitting reports 93 



Pages. 
Penalties and forfeitures— Corrt'd; 

on district officers for neg- 
lect of duty 45, 78, 81, 93 

on inspectors for not quali- 
fying or neglect of duty.. 93 

on parent or guardian for 
failure to send child to 
school 73 

on supervisor and clerk for 
neglect of duties 94 

on taxable inhabitant for 
neglect of duty in forma- 
tion of new district 93 

Perjury: 

false oath deemed 39 

Physiology and hygiene: 

director to file copy of 
teacher's certificate of in- 
struction with township 
clerk 45, 80 

penalty for failure of dis- 
trict board to comply 
with statute 45,80 

teacher to certify whether 
instruction has been 
given..- 45,79,80 

text books to be adopted 
by district board 79 

text books to be approved 
by state board of educa- 
tion 79 

to be taught by all schools 

in the state 45, 79 

Poll-list : 

kept when voting on issu- 
ance of bonds 96 

Poor children : 

to be furnished with text 

books 45, 75 

President of university : 

constitutional provisions, 

art. xiii 9 

Prevention : 

of communicable diseases. 80 
Primary school interest fund : 

apportionment of 13, 84 

apportionment of when re- 
ports are defective 13 

apportionment of when de- 
ficiencies may be paid... 13 

constitutional provisions 
respecting, art. xiii 7 

school to be maintained 
three months to secure, 
con. prov. , art. xiii 8 

specific taxes, part of, con. 
prov., art. xiii 10 



OP MICHIGAK. 



121 



Pages. 
Primary school int. tnnA— Cont'd: 
to be used only for teach- 
ers' wages 84 

Proceedings : 

to obtain site for school 

house 99 

Property : 

of district, care of... 45 

sale of, directed by voters 35 
sale of, when may be by 

inspectors 27, 28 

of teachers' associations... 66 
Prosecution : 

( See Action ; Proceed- 
ings; Suits.) 
Public meetings : 

when may be excluded 

from school house 37,44 

Public moneys : 

(See Moneys.) 
Punishment : 

corporal 69 

Pupils : 

classification of 87 

expulsion or suspension 

of 45, 99 

tuition of non-resi- 

dents 45, 47, 87 

who may be 87 

Purchase : 

of books for library 50, 83 

of books for poor chil- 
dren 45, 75 

of books for records of 

district 42 

of necessary append- 

ages 51, 89 

of school house or school 
site 43,98 

Qualifications : 

of teachers 58 

Questions : 

for examinations of teach- 
ers 13,57 



Record : 

director to keep, of pro- 
ceedings 50 

of acceptance of office 41 

of certificates to teachers. 18 
of pupils, to be kept by 

teacher 66 

Regents : 

of the university, con. 
prov., art. xiii 8 



Pages. 
Regen ts— Continwed: 

duties of, con. prov., art. 

xiii 9 

election and term of office 
of, con. prov , art. xiii... 8 
Register : 

of school, kept by teacher. 66 
Regulations : 

at election to vote for issu- 
ance of bonds 96 

for government of schools 45 

for libraries 81,83 

Report : 

liability of officers for fail- 
ure to 93 

of board at annual meet- 
ing .... 44 

of chairman of board of 

school inspectors 32 

of county commissioner... 18 
of director, to whom made 

in fractional districts 53 

of director to inspectors... 51 
of township clerk, of taxes 23 
of Supt. of Public Instruc- 
tion, annual 11 

of supervisor, of taxes as- 
sessed 86 

Residents : 

notified of first meeting in 

new district 24 

petition for organization 

of new district 30, 31 

qualification of, to vote at 

district meetings 37 

rights of, to attend school. 87 
Revenues : 

of schools 84 

Revocation of teachers' certifi- 
cates : 
by board of school exam- 
iners 59, 61 

by state board of educa- 
tion 63 

Sale of property : 

directed by district 35 

when by inspectors 38 

School : 

admission of non-resident 
pupils 45,47,87 

agricultural to be provided 
for, con. prov., art. xiii... 9 

board to establish regula- 
tions for ...45,99 

board to prescribe course 
of study 101 



122 



SCHOOL LAW 



Pages. 
School— Continued: 

board to prescribe text- 
books 44 

closed on account of preva- 
lence of contagious dis- 
eases 67 

maintained at least three 
months, con. prov., art. 

xiii 8 

may be graded 38, 47 

peoalty for disturbing 92 

revenues 84 

sectarian instruction in 

abolished 101 

suspension or expulsion of 

pupils from 45, 99 

taxes for support of 43 

time necessary to be main- 
tained 36 

to be free, con. prov., art. 

xiii 8 

ungraded to be established 73 
School board : 

(See District board.) 
School books : 

(See Text books.) 
School census : 

time of taking not to be 

changed 91 

when and how taken 51 

School districts : 

cannot be dissolved 25 

changes in boundaries of 

primary 26 

consent of tax payers 37 

consolidation of 29 

debts formerly due 28 

division of property 28 

failure to organize 25 

form and size 24 

fractional, formation of--- 25 

graded 38 

individuals set off 37 

legally organized. 35 

notice of alteration 37 

notice of meeting for 36 

notice of first meeting in- 34 

organization of 34 

special legislative enact- 
ment for 25 

transfer of territory of 

taxpayers in - 36 

unorganized territory 25 

School examiners : 

(See County board of 
school examiners.) 



Pages. 
School funds : 

(See Sloneys.) 
School houses : 

appendages to, director to 
provide 89, 90 

board to provide - 43 

bonds may be issued to - 

build - 96 

limitations of indebted- 
ness for building 96 

site for, to be purchased or 
leased - 43,98 

tax for building 35, 97 

SchooL officers : 

in primary districts, how 
elected 40 

must be chosen by ballot.. 40 

plurality vote does not 

elect 40 

School year : 

when to commence 29 

Sites for school houses : 

board to purchase or 
lease.- 35,43 

bonds issued for purchase 
of 36,96 

compensation for, how de- 
termined in certain cases 99 

location of 35, 98 

notice of meeting to 
change 33 

tax for 35 

Specific state taxes : 

how applied, con. prov., 

art. xiv- 10 

State board of education: 

constitutional provisions 
for, art. xiii 9 

have care of state normals. 14 

examine and approve text 
books in physiology 15 

grant certificates to gradu- 
ates of certain colleges.- 15 

grant diplomas to gradu- 
ates of state normals 15 

indorse certificates granted 
in other states 15,63 

maintain school at state 
normals 15 

prescribe course of study 
for normal schools 14 

term of office and salary of 

members 14 

State certificates : 

when granted by state 
board of education 15 



OF MICHIGAN". 



123 



Pages. 
State certificates— Continued; 

granted in other states, in- 
dorsed by state board 15 

granted to graduates of 
state normal schools 15 

granted to graduates of 

certain colleges 15 

State institutions of educa- 
tional character , 

to be visited by Supt. of 

Public Instruction 11 

State normal schools : 

to be under care of state 
board of education, con. 
prov., art xiii 9 

diplomas and certificates 
to graduates 15 

training school in 15 

State teachers' institute : 

to be held annually 65 

State university: 

supervision of, con. prov., 

art. xiii 9 

Studies : 

to be prescribed 101 

Suits : 

and judgments against dis- 
trict 36,97 

assessor to appear for dis- 
trict 97 

jurisdiction of justices in. 97 

on assessor's bond 53 

summons in, served on 
assessor i 97 

when moderator may ap- 
pear i n for district 54 

Supt. of Public Instruction : 

appointments made by 
may be revoked 11 

duties of, con. prov., art. 
xiii 7 

duties of, relative to ap- 
portionment of primary 
school moneys, con. 
prov., art. xiii 7 

election and term of office 
of, con. prov., art. viii 7 

office of, where located, 
con. prov., art. viii- r. 7 

salary of 11 

to appoint boards of vis- 
itors 14 

to appoint conductors of 
teachers' institutes 14 

to appoint deputy superin- 
tendent 11 



Supt. of Public Instruction— Co7it'd.- 

to approve first grade cer- 
tificates 13, 56 

to be a member and secre- 
tary of state board of 
education 9 

to be a member of st.ate 
board of geological sur- 
vey 14 

to deliver official boolis, 
etc., to successor 14 

to have general supervi- 
sion of public instruction 11 

to hold county teachers' 
institute annually.. 14 

to make annual report to 
governor 11 

to meet with governing 
board of each education- 
al institution 11 

to prepare all examination 
questions 13, 57 

to prescribe rules for 
boards of school exam- 
iners 13 

to publish and transmit 
laws and forms to officers 13 

to send examination ques- 
tions to examiners 13 

to visit state institutions.. 11 

vacancy in office, how 
filled, con. prov., art. 

viii 7 

Supervisor : 

liable for not assessing 
taxes 94 

to assess judgment against 
school district 98 

to assess one-mill tax 85 

to assess tax for support of 
libraries 83 

to assess school tax 86 

township clerk to certify 

taxes to 33 

Surplus : 

of dog tax 86 

of school moneys, how 

apportioned 85 

Suspension : 

of pupils from school 45, 99 

power of may be dele- 
gated to teacher 99 

rules for must be reason- 
able.. 100 

Taxes : 

amount for purchasing of 
building 35. 97 



124 



SCHOOL LAW 



Pages. 
Taxes— Continued: 

district, how collect 86 

estimated and reported by 
district board 43, 78 

failing to be assessed, lev- 
ied next year 86 

for books for indigent 
children 45 

for school purposes .... 97 

limit of in certain cases. .35, 43 

of a district, when divided, 
to be apportioned 28 

one-mill, assessment, etc., 
of 85 

one-mill, how surplus may 
be applied 36, 85 

report of by board to 
township clerk 43 

report of by township clerk 
to supervisor 78 

specific, constitute a part 
of primary school fund, 
con. prov., art. xi v 10 

supervisor to assess 86 

surplus dog, apportion- 
ment of 86 

Teachers : 

allowed legal holidays 67 

certificates, fees to be paid 
in obtaining 63 

certificates, grades of and 
qualifications necessary. 56 

certificates, given by city 
board 59 

certificates given by coun- 
ty board of school exam- 
iners 56 

certificates, given by fac- 
ulty of university- 61 

certificates, given by state 
board of education 60 

certificates, revoked or 
suspended 59, 61 

close school to attend insti- 
tute 63 

contracts with.. 44, 47, 51, 65, 66 

contracts valid, made pre- 
vious to annual meeting. 67 

contracts with, necessary 
to entitle teacher to pay. 67 

examination of by county 
board of examiners 55 

examination of by state 
board of education 62 

extent of authority 69 

legal qualifications 55, 58 

list of to be furnished 18, 63 



Pages. 
Teachers— ContinMed; 

must be citizens of United 
States 58 

must be of good moral 
character 58 

to be furnished with copy 
of contract 66 

to file certificate of instruc- 
tion in physiology, with 
director 45 

to keep school register 66 

Teachers' associations : 

formation and incorpora- 
tion of 66 

Teachers' institutes : 

aid from state treasurer... 65 
arranged by state supt....l4, 63 

conductor of 64 

counties may be united in. 64 

expenses of, how paid 64 

funds for support of, how 

raised 63 

state institute, to be held 

annually 65 

state institute, expenses 

paid from state treasury. 65 

vouchers for expenses 65 

whereheld 63 

Term of ofllce : 

of district ofllcers 40, 46, 48 

of members of board of 
school examiners 20 

of members of state board 

of education, con. prov., 
art. xiii 9 

of regents of the univer- 
sity, con. prov., art. xiii. 9 

of Supt. of Public Instruc- 
tion, con. prov., art. viii. 7 

of township officers 21 

Text books : 

free, adoption of by dis- 
trict - 75 

free, board contract with 
dealer 77 

free, board estimate 
Maaount necessary to pur- 
chase --- 78 

free, board incur penalty 
for failure to comply 
with law 78 

free, board purchase when 
authorized 46, 76 

free, loaned to pupils 77 

free, property of district-- 77 



OP MICHIGAN. 



125 



Text books— Continued: 

on physiology and hygiene, 
approved by state board 

of education 15, 76 

to be furnished to indigent 

children 45, 75 

to be prescribed by distiict 

board.. 44 

Township board of education : 
(See Board of education in 
township districts.) 
Township board of school in- 
spectors : 

chai rman and clerk of 21 

chairman to be treasurer 

of and give bond 21 

charge of schools 21 

duties of in forming new 

districts 26-30 

number of meetings of 22 

penalty for neglect to 
qualify or perform duties 93 

powers and duties of 21 

reports to be made in 

triplicate 22 

reports, full financial 22 

when may appoint officers 46 
who to constitute board... 31 
Township clerk : 

a member and clerk of 

board of inspectors 33 

clerk of township board 

of education 23 

duties of 23 

election and term of office 21 
to apportion moneys to 

districts 23 

to be furnished with a list 

of teachers 51 

to give notice of formation 

of new district 27 

to keep records, reports, 

etc , on file 51, 83 

to prepare map of town- 
ship showing districts.... 23 
to receive reports and 

communications 23 

to transmit chairman's ad- 
dress 23 

Township district : 

how organized 30 

Township treasurer : 

duties in relation to frac- 
tional districts 87 

warrants on to he signed 
by director and modera- 
tor 78 



Training school at normal : 

maintained by state board 

of education 15 

Treasurer of board of school in- 
spectors : 
(See Chairman of board of 
school inspectors.) 
Treasurer of district : 

(See Assessor.) 
Truants : 

sent to reformatory 73 

tried by justice or recorder 73 
ungraded schools provided 

for 72 

who shall be deemed 73 

Truant officers : 

compensation and duties 

of 71 

when appointed 71 

Trustees : 

election of 38, 48 

(See Board of trustees.) 
Tuition : 

of non-resident pu- 
pils 45,47,87 

Ungraded schools : 

juvenile disorderly per- 
sons to be sent to 73 

University of Michigan : 

constitutional provisions, 

art. xiii _ 8, 9 

diplomas and certificates 

tograduates 61 

United States flag : 
(See Flag.) 

Vacancy : 

in district offices, how occa- 
sioned and filled 41,42 

in office of regent, con. 
pro v., art. xiii 8 

in office of Supt. of Public 
Instruction, con. prov., 

art. viii 7 

Visiting boards : 

appointed by Supt. of Pub- 
lic Instruction 14 

Voters : 

challenge of 39 

In graded districts, elec- 
tion of trustees 38 

in primary districts, ap- 
point chairman 34 

in township districts, who 
are qualified 37, 38 

limitations of authority. . . 88 



rz6 



SCHOOL LAW OF MICHIGAN. 



Pages. 
Voters— Continued: 

powers of at district meet- 
ings 34-38 

Voting : 

in regard to 100 

Vouchers : 

for payments at teachers' 
institute 65 



Warrants : 

of director upon treasurer. 78 



Pages. 
Wa.rra,nta— Continued: 

on state treasurer for 
primary school interest 

fund 13,13 

Women : 

barred from voting 37 

eligible to election to dis- 
trict offices 41 

eligible to election to office 
of commissioner 17 

eligible to election to office 
of school inspector 31 

qualified as voters at dis- 
trict meetings 37 



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